Company's Guide To Retrenchment In Malaysia | 2024 (E-Book)*

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Company's Guide To Retrenchment In Malaysia | 2024 (E-Book)

Author Mannvir Baljit Singh & Marcus Lee Min Lun
Publication Date June 2024
ISBN 9786297527857
Publisher Sweet & Maxwell

**Please allow 3 working days for processing upon publication

This essential handbook is a comprehensive guide for Malaysian companies navigating the complexities of retrenchment exercises. It covers the fundamental principles of employment law in Malaysia, emphasizing the intricacies of retrenchment, including justifications, procedures, and legal obligations.

The book is an invaluable resource for human resource professionals, in-house counsel, and industrial relations managers responsible for preparing and implementing retrenchment processes within their organizations.

This guidebook helps employers comply with Malaysian employment law during retrenchment, make informed decisions, and understand the justifications and procedures involved, enabling them to conduct the retrenchment process with confidence. The best practices outlined in the text ensure the smooth execution of retrenchment.

Key features:
- Provides an overview of the laws and principles governing retrenchment.
- Explores various alternatives employers can consider before proceeding with retrenchment.
- Discusses legal requirements and good industrial relations practices to follow during retrenchment.
- Emphasizes the importance of maintaining human connections and addressing the emotional and psychological aspects of retrenchment.
- Addresses constructive dismissal and performance issues, offering guidance on handling retrenchment, constructive dismissal, forced resignation, frustration of contract, and termination due to poor performance.
- Explains the impact of the latest amendments to the Employment Act 1955.
- Includes a complete sample of Borang Pemberhentian Kerja, a crucial document for executing retrenchment procedures.

Table of Contents of Company's Guide To Retrenchment In Malaysia:

Chapter 1 Introduction
Chapter 2 Justifications for Retrenchment
Chapter 3 Redundancy
Chapter 4 The Applicable Laws and Principles
Chapter 5 Alternatives to Retrenchment
Chapter 6 Legal Obligations and Good Industrial Relations Practices
Chapter 7 Human Connections
Chapter 8 Constructive Dismissal, Forced Resignation, Frustration of Contract and Poor Performance
Appendix 1 Amendments to the Employment Act 1955
Appendix 2 Borang Pemberhentian Kerja

About The Authors:

Mannvir Baljit Singh is a legal professional specializing in employment and industrial relations litigation, particularly in cases of unfair dismissal and union disputes. He earned his law degree from Cardiff University and a Master of Laws (LLM) from the University of Sydney. Mannvir has extensive experience appearing in a variety of complex and high-value civil and commercial disputes before appellate courts. Additionally, he holds professional qualifications in arbitration and has published work in several legal journals.

Marcus Lee Min Lun is an experienced Advocate & Solicitor of the High Court of Malaya, specializing in employment law at his firm, Messrs Marcus Lee. He holds a law degree from the University of Malaya and has a diverse legal background, including experience as a legal researcher for a government committee. In 2020, he co-authored "Undang-undang Media di Malaysia," published by Thomson Reuters.

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