The livelihood of most Malaysians is secured through employment and crucially, employment has now been established as a fundamental right within the expression of “life”. Despite this, while government employees are generally assured of security of tenure, employees in the private sector are often left at the mercy of the employer with their terms and conditions of employment very much dictated by the employer. The law has developed and legislative activity has progressively accorded greater protection to employees.

Employment law is an important area of law which applies to a wide spectrum of society. In view of the changes and development of employment law in Malaysia, there is a keen need to have a comprehensive guide to the law and practice of employment law in Malaysia prepared by practitioners in this area of the law. Law and Practice of Employment Law in Malaysia contains the collective knowledge and experience of a team of leading employment law specialists. It has been prepared with court lawyers in mind, specifically those with the challenging task of bringing their clients’ cases to court, be they an employee or an employer.

The book is comprehensive in its coverage, including the fundamentals of contracts of employment, the conduct of domestic inquiry, various grounds for termination, unfair labour practice, sexual harassment, proceedings at the Industrial Court, judicial review and appeal, social security, trade unions and the recognition thereof as well as industrial action. Two detailed chapters are devoted to the conduct of proceedings at the Industrial Court which is the primary forum at which employment disputes are litigated. Other obligations under employment law such as complaints, inquiries and offences under the Employment Act 1955, employees provident fund, employment insurance scheme, and the employment of foreign employees are also given due coverage.

The content of the book is practical, instructive and full of insightful analysis of statutory provisions and case law. The amendments brought in by the Industrial Relations (Amendment) Act 2020 have been carefully considered. The best practices provided to avoid employment law issues and to handle them when they arise certainly add further edge to the usefulness of the book. This is a book which should not be missed by employment lawyers, judges, in-house counsel, human resource practitioners, trade unions and business owners.

Key Features

• Clear and detailed commentary on substantive law, practice and procedure
• Valuable practical insights, guidance and incisive analysis
• Experienced team of contributors from practice and the courts
• Practical guidance on the law and procedure applicable at the Industrial Court
• Coverage of various grounds of termination including poor performance, medical incapacity, retrenchment, misconduct and constructive dismissal

Table of Contents

1. Introduction to Employment Law in Malaysia
2. Contracts of Employment
3. Domestic Inquiry in Malaysia
4. Termination: Poor Performance
5. Termination: Medical Incapacity
6. Termination: Retrenchment
7. Termination: Misconduct
8. Termination: Constructive Dismissal
9. Victimisation and Unfair Labour Practice
10. Sexual Harassment
11. Industrial Court: Dismissal Claims, Trade Disputes and Other Proceedings
12. Industrial Court: Commencement and Conduct of Proceedings
13. Judicial Review and Appeal
14. Social Security: Employment Injury and Disablement Benefits
15. Trade Unions
16. Recognition of Trade Unions, Collective Bargaining and Collective Agreements
17. Industrial Action: Strikes and Picketing
18. Other Obligations Under Employment Law