Law And Practice Of Employment Law In Malaysia by Sivabalah | Sweet & Maxwell

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Law And Practice Of Employment Law In Malaysia by Sivabalah Nadarajah (General Editor)

Author Sivabalah Nadarajah (General Editor) and Team of Expert Contributors
Publication Date Nov 2021
ISBN 9789672723011
Format
Hardcover + Ebook
Publisher Sweet & Maxwell

 

“This work promises to fill the vacuum in labour law literature and commentary that has long existed in this country [and] is indispensable to a wide audience. … The information this work contains is sufficient and up to date.”

From the Foreword by Gopal Sri Ram

Most Malaysians' livelihoods are protected by employment, which has now been defined as a fundamental right under the expression of "life." Despite this, while government employees are normally guaranteed tenure, private sector employees are frequently left at the mercy of their employers, with their terms and conditions of employment heavily influenced by them. Employees have gradually gained more protection as the law has evolved and legislative activity has increased.

Employment law is a significant topic of law that affects a wide range of people. A comprehensive guide to the law and practise of employment law in Malaysia, developed by practitioners in this field of law, is urgently needed in light of the developments and development of employment law in Malaysia. The Law and Practice of Employment Law in Malaysia combines the expertise and knowledge of a group of renowned employment law experts. It was written with court lawyers in mind, particularly those who have the difficult responsibility of taking their clients' issues to court, whether they are employees or employers.

The book covers a wide range of topics, including the basics of employment contracts, conducting domestic investigations, various grounds for termination, unfair labour practise, sexual harassment, Industrial Court proceedings, judicial review and appeal, social security, trade unions and their recognition, and industrial action. The conduct of procedures before the Industrial Court, which is the major forum for the resolution of employment issues, is covered in two chapters. Other job-related tasks, such as complaints, inquiries, and offences under the Employment Act of 1955, employee provident fund, employment insurance system, and the hiring of foreign workers, are also covered.

The book's content is useful, instructive, and packed with in-depth analyses of statutory provisions and case law. The Industrial Relations (Amendment) Act 2020's amendments have been thoroughly reviewed. The best practises for avoiding employment law difficulties and dealing with them when they emerge surely add to the book's effectiveness.

Employment lawyers, judges, in-house counsel, human resource practitioners, trade unions, and business owners should all read this book.

KEY FEATURES of Law And Practice Of Employment Law:

  • Commentary on substantive law, practise, and procedure that is clear and thorough.
  • Practical advice, assistance, and insightful analysis.
  • A team of contributors with practise and court experience.
  • The law and procedure that apply at the Industrial Court are explained in detail.
  • Poor performance, medical infirmity, retrenchment, misbehaviour, and constructive dismissal are among the grounds for termination covered.

CONTENTS of Law And Practice Of Employment Law

  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 

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