Employment Law

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Yes, we help employers & employees

The Malaysian legal landscape provides protection for both employers and employees. Under the law, employers are assured of good and conscientious work performance from their employees. Employers are given the right to discipline their employees for unbecoming behaviour, such as theft and diversion of business to competitors, or sluggish work performance.

At the same time, employees enjoy remuneration for the services that they provide and security of tenure according to the terms of their employment. However, at times this working relationship may become jeopardized when disputes arise.

Possible Scenarios

Here are some situations that may arise in employment law.

  • A domestic inquiry is a process by which the employer investigates the conduct of an employee, normally for disciplinary problems. It is similar to a mini court hearing.
  • Unfair dismissal is a situation where the employee believes that his termination was without proper cause and without a domestic inquiry. Depending on the circumstances, the employee may be entitled to seek (i) reinstatement; (ii) backdated wages; and/or (iii) damages for loss of income.
  • An employee who is absent from work for a prolonged period without proper justification may find himself being accused of a disciplinary problem.
  • Constructive dismissal is when the employer does certain things, such as demotion, or salary reduction, that are calculated to make the employee want to leave the company.
  • An employee who “betrays” his employer by divulging company details to outsiders, or diverting business away, may be guilty of conduct that is liable to lead to his termination.

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就业法

马来西亚的法律保障雇主和雇员的利益。根据法律规定,雇主有权利要求员工良好的工作质量以及认真的工作态度。雇主也有权利惩戒员工的不恰当的行为,如偷窃,流失公司生意,或使工作业绩迟滞。

同时,工作的交换之下,员工亦能享有报酬及雇用期保障依据与雇主达成的协议。然而,当雇主和雇员出现纠纷或意见不合时,该关系也有可能成为绊脚石。

就业法问题

以下是可能发生的情况…

  • 内部调查可让雇主用来调查其员工的行为,大多数为纪律问题。此调查与迷你法庭审理雷同。
  • 不合理解雇 – 当员工相信他的解雇是没有合理的原因以及没有通过内部调查, 根据情况的重要性,员工可要求 (i) 复职;(ii) 追溯工资;和/或 (iii) 要求赔偿收入损失。
  • 员工长时间没有正当理由的缺席亦可能会面对纪律问题的控告。
  • 间接性解雇 – 当雇主降级或降薪有意让员工知难而退。
  • “背叛”公司的员工,如泄漏公司机密或流失公司客户,应为其罪行负责,公司亦有权利解雇该员工。

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