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PRECARIOUS POSITION OF A PROBATIONER: MALAYSIAN INDUSTRIAL RELATION PERSPECTIVE

Industrial Court and Superior Courts have always recognized the rights of probationer in Malaysia. Though they hold no security of tenure this does not mean probationers can be terminated without due process. All employees under probation is protected against any form of dismissal without just cause or excuse. DEFINITION OF PROBATIONERKoperasi Serbaguna Pekerja Felda Bhd …

RIGHT OF REORGANIZATION: INDUSTRIAL RELATION PERSPECTIVE

“Redundancy refers to a surplus of labour and is normally the result of reorganization of the business of an employer, and its usual consequence is retrenchment, i.e., the termination by the employer of those employees found to be surplus to his requirements after the reorganization. Thus, there must first be redundancy or surplus of labour …

EMPLOYEE’S POOR PERFORMANCE: INDUSTRIAL RELATION LAW PERSPECTIVE

Every employer when engaging any employee places their trust and confidence that employees hired are competent enough to be able to perform their duties as required in their respective job description. It is not only a fair expectation when employers remunerate employees for their employment. Lord Denning MR in Alidair Ltd v. Taylor [1978] ICR …

THE LAW ON CONSTRUCTIVE DISMISSAL IN MALAYSIA

To explain what constructive dismissal is, there can be no better reference than to the decision of Ang Beng Teik v. Pan Global Textile Bhd, Penang [1996] 4 CLJ 313There is no magic in the expression ‘constructive dismissal’. It is only a convenient label to describe the kind of conduct of an employer towards an …

BEST PRACTICES TO BE ADOPTED IN ANY RETRENCHMENT AND DOWNSIZING EXERCISE

To clear any misconception, to undertake any retrenchment exercise is not merely filing up the “Borang PK” and submitting it to Jabatan Tenaga Kerja. There is no Carte Blanche for employer to select employees to be retrenched. It is established law that it is the Business right and prerogative to undertake any retrenchment exercise. If …

Human Resource TOP 5 Movement Control Order (MCO) Questions

The impact of the Movement Control Order has brought challenges which cannot have bee foreseen by any Human Resource Officer. Human Resource Officer is not only answerable to their respective superiors and the company at large but also is the face of the company in dealing with its workforce. These are the Top 5 Question …

FORCED PAY-CUT: IS IT LEGALLY COMPLIANT?

The recent Co-Vid 19 Pandemic and Movement Control Order imposed by the government have placed most companies under immense financial strain. Companies naturally have to implement cost cutting measure and some companies have resorted to imposing forced pay-cut. Now the question is whether are companies allowed to impose forced pay-cut? Forced pay-cut is when employers …

PUNISHMENT FITS THE CRIME: DOCTRINE OF PROPORTIONALITY IN A INDUSTRIAL RELATION PERSPECTIVE

No employer should quick to judge or neither impose any unjust punishment on any of its employee. There is no automatic right of dismissal nor is there any automatic escape for any employee that commits any act of misconduct. The existence of the doctrine of proportionality is not only to safeguard the interest of employers …

REDUNDANCY, REORGANIZATION, DOWNSIZING, LAY-OFF AND TEMPORARY LAY-OFF: PRACTICAL CONSIDERATION FOR HUMAN RESOURCE MANAGERS

Employers and their Human Resource Managers that have to undertake any exercise which involves reduction of workforce who may involve colleagues of their own dread when such instruction are issued but these practical consideration are aimed at assisting discharging their duties fairly and in accordance with the law. COMPANY’S RIGHT:Company always has the right and …

Memahami Proses Mahkamah Perusahaan

Setelah peringkat Rundingan Damai telah gagal, apakah persediaan yang harus dilakukan oleh seorang Majikan untuk menghadapi Proses Mahkamah Perusahaan seterusnya. Apabila perkara dirujuk oleh Menteri (Sumber Manusia) kepada Mahkamah Perusahaan, Mahkamah Perusahaan akan mengeluarkan Borang F – Notis Pernyataan Kes (“Sebutan”) kepada majikan (“Syarikat”) dan pekerja (“Penuntut”) untuk memberitahu mereka bahawa perkara itu sekarang di …

OUR INDUSTRIAL RELATIONS CONSULTANTS AND HR EXPERTS IN MALAYSIA

Premjit Singh

Managing Partner of Prem & Associates (Advocates & Solicitor) | Industrial Relations

Henry Wee

Partner Account Manager of PayrollPanda

SERENE YAP

Human Resource Trainer and Consultant

Premjit Singh

Managing Partner of Prem & Associates (Advocates & Solicitor) | Industrial Relations

Henry Wee

Partner Account Manager of PayrollPand

SERENE YAP

Human Resource Trainer and Consultant

“A firm grasp of Industrial Relation Law is the key for a HR Practitioner”

– Mr. Premjit Singh, Managing Partner at Prem & Associates (Advocate & Solicitor).