Malaysian Employment & Industrial Relations Law by Maxine Khoo Ai Teng | 2026*

Malaysian Employment & Industrial Relations Law by Maxine Khoo Ai Teng | 2026*

Malaysian Employment & Industrial Relation Law is a comprehensive handbook for practitioners covering every stage of the employment relationship. Topics range from employment contracts and statutory minimum terms to termination, misconduct, poor performance, constructive dismissal, retrenchment, dispute resolution and remedies. Covering Peninsular Malaysia, Sabah and Sarawak, it presents the law as at 1 September 2026, incorporating significant recent legislative amendments.

Drawing on the relevant statutes and leading Industrial Court and superior court decisions, the book explains the governing legal principles alongside the evidence and procedures needed to establish a case. It offers practical guidance on proceedings before the Industrial Court, Labour Court and civil courts, as well as appeals and judicial review. Supporting resources include specimen cause papers in English and Bahasa Malaysia, checklists, worked calculations, case summaries, templates and practical examples.

Key Highlights of Malaysian Employment & Industrial Relations Law by Maxine Khoo Ai Teng:

• Complete employment lifecycle coverage: Examines employment from recruitment through termination and litigation, including the choice of forum, statutory appeals and judicial review.

• Dedicated Sabah and Sarawak coverage: Explains the 2025 amendments, regional legal requirements and practical considerations, supported by a comparative table of minimum employment terms.

• Updated statutory framework: Covers the 2022 Employment Act amendments, including universal coverage, the 45-hour working week, 98 days’ maternity leave, paternity leave, flexible working arrangements, the presumption of employment and protection against terminating pregnant employees, alongside the corresponding 2025 Labour Ordinance amendments.

• Practical guidance on dismissal and retrenchment: Groups leading cases on dismissal, retrenchment and constructive dismissal around the key issues examined by the Industrial Court.

• Extensive drafting resources: Provides bilingual specimen cause papers, employment and HR policies, retrenchment and settlement documents, witness statements, written submissions, enforcement documents and worked case files.

Table of Contents of Malaysian Employment & Industrial Relations Law by Maxine Khoo Ai Teng:

Part I – The Framework

Chapter 1: The Legislative Framework
Chapter 2: The Contract of Service and the Status of Employee
Chapter 3: Wages: Payment, Deductions and Priority
Chapter 4: The Employment Act 1955 Part by Part
Chapter 5: Security of Tenure: the Historical and Constitutional Basis

Part II – The Statutory Minimum Terms

Chapter 6: Hours of Work, Rest Days, Holidays and Leave
Chapter 7: Maternity Protection and the Employment of Women
Chapter 8: Domestic Employees, Foreign Employees, Contractors and Young Persons

Part III – The Ending of Employment

Chapter 9: Termination of the Contract of Service
Chapter 10: Termination and Lay-Off Benefits
Chapter 11: Retrenchment and Redundancy
Chapter 12: Misconduct, Discipline and the Domestic Inquiry
Chapter 13: Poor Performance and Probationers
Chapter 14: Constructive Dismissal and Forced Resignation
Chapter 15: Selected Grounds for Dismissal: A Casebook
Chapter 16: Dismissal under the Guise of Retrenchment
Chapter 17: Evidence in the Industrial Court

Part IV – Obligations in the Workplace

Chapter 18: Sexual Harassment, Discrimination and Forced Labour
Chapter 19: Personal Data, Confidentiality, Intellectual Property and Vicarious Liability
Chapter 20: Trade Unions, Recognition, Collective Bargaining and Industrial Action
Chapter 21: Directors, Public Servants and Other Special Categories

Part V – Forums, Procedure and East Malaysia

Chapter 22: The Industrial Court and the Unfair Dismissal Claim
Chapter 23: The Labour Court and the Director General’s Powers
Chapter 24: The Civil Courts, Other Forums and the Choice of Forum
Chapter 25: Remedies in Depth: Reinstatement, Backwages, Compensation and Their Reduction
Chapter 26: Post-Dismissal Problems
Chapter 27: Statutory Contributions, Social Security and Safety
Chapter 28: Sabah: The Labour Ordinance (Cap. 67)
Chapter 29: Sarawak: The Labour Ordinance (Cap. 76)
Chapter 30: Peninsular Malaysia, Sabah and Sarawak Compared

Part VI – Special Topics

Chapter 31: Trade Disputes, Collective Agreements and the Industrial Court’s Collective Jurisdiction
Chapter 32: Public Servants, Statutory Bodies and Judicial Review
Chapter 33: Flexible Working, Remote Work and the Gig Economy
Chapter 34: Conducting a Workplace Investigation
Chapter 35: Transfers, Secondments and Group Restructuring
Chapter 36: Employment Aspects of Mergers, Acquisitions and Insolvency
Chapter 37: The Employment of Foreign Workers: A Compliance Guide
Chapter 38: Time Limits and Limitation Periods
Chapter 39: Pay Structures, Allowances, Commission and Bonus Schemes
Chapter 40: Leave and Working Time in Practice
Chapter 41: Labour Department Inspection, Offences and Prosecution
Chapter 42: Persons with Disabilities, Older Workers, Students and Apprentices
Chapter 43: Drafting and Negotiating Collective Agreements
Chapter 44: Advising the Client: First Interview and Case Assessment
Chapter 45: Technology in the Workplace: Monitoring, Data and Artificial Intelligence
Chapter 46: A Chronology of Malaysian Employment Law
Chapter 47: Retrenchment and Constructive Dismissal: Further Casebooks
Chapter 48: Judicial Review of Industrial Court Awards and Labour Decisions
Chapter 49: The Statutory Appeal under Section 33C
Chapter 50: Advocacy in the Industrial Court
Chapter 51: Professional Conduct in Employment Practice
Chapter 52: Dismissal of Particular Categories of Employee
Chapter 53: The Employer’s Termination Decision: A Structured Approach
Chapter 54: Dismissal and Retrenchment by Industry
Chapter 55: Reading and Using Industrial Court Awards
Chapter 56: Contractual Termination Schemes, Gratuities and Retirement Benefits
Chapter 57: Comparative Perspectives
Chapter 58: Reform Debates
Chapter 59: A Misconduct Dismissal from Discovery to Award: A Worked File
Chapter 60: A Retrenchment from Decision to Award: A Worked File
Chapter 61: Preparing Witnesses for the Industrial Court
Chapter 62: The Economics of Employment Litigation

Appendices

Appendix A: Drafting Cause Papers – Principles and Specimens
Appendix B: Contoh Kertas Kausa dalam Bahasa Malaysia
Appendix C: Frequently Asked Questions
Appendix D: Checklists and Process Maps
Appendix E: Annotated Contract of Employment
Appendix F: Disciplinary, Grievance and Sexual Harassment Policies
Appendix G: Worked Computations
Appendix H: Digests of Thirty Leading Cases
Appendix I: Employer Correspondence Library
Appendix J: Domestic Inquiry Procedure, Notes and Findings
Appendix K: Retrenchment Consultation, Selection Matrix and VSS Agreement
Appendix L: Settlement at Conciliation and Consent Award
Appendix M: Further Handbook Policies
Appendix N: A Practitioner’s Guide to Negotiating a Settlement
Appendix O: Company Witness Statement in a Retrenchment Case
Appendix P: Specimen Written Submission for the Claimant
Appendix Q: Application for Judicial Review – Specimens
Appendix R: Memorandum of Appeal under Section 33C
Appendix S: Fourteen Further Digests on Dismissal and Retrenchment
Appendix T: A Model Award in the Misconduct Case
Appendix U: A Plain-Language Guide to an Unfair Dismissal Claim
Appendix V: The Questions the Industrial Court Will Ask
Appendix W: Ten Termination Scenarios Analysed
Appendix X: Glossary of Malay Terms Used in Proceedings
Appendix Y: Statutory Ready-Reckoner
Appendix Z: Stay of Award, Enforcement and Labour Court Order

About The Authors:

Khoo Ai Theng (Maxine) is a Partner at Messrs Ng, Zainurul, Seke & Khoo and heads its Employment and Industrial Relations practice. A Universiti Kebangsaan Malaysia graduate admitted to the Bar in 2014, she represents employers and employees in employment disputes and advises on disciplinary matters, retrenchment and employment policies. She is recognised by The Legal 500 Asia-Pacific and is an HRD Corp Certified Trainer.

Ng Wei En (Bernice) is an Advocate and Solicitor at the same firm. She holds an LLB (Hons) from the University of London and the Certificate in Legal Practice. Her work includes Industrial Court proceedings, employment advice and documentation, as well as civil and family matters.

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