Retrenchment: The Law and Practice in Malaysia, 2nd Edition

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Retrenchment: The Law and Practice in Malaysia, 2nd Edition  by Ashgar Ali Ali Mohamed and Farheen Baig Sardar Baig

Author Ashgar Ali Ali Mohamed (Dato’ Sri Dr.) and 
Farheen Baig Sardar Baig (Datin Sri Dr.)
Publication Date Oct 2020
ISBN 9789672339793
Format
Hardcover + Ebook
Publisher Sweet & Maxwell

 

KEY FEATURES of Retrenchment: The Law and Practice in Malaysia,:

  • complete protection
  • Simple and straightforward.
  • thorough explanation of legal obligations
  • Local and international cases, as well as Industrial Court awards, are taken into account.
  • Code of Conduct for Industrial Harmony is extensively covered.
  • Retrenchment is discussed from the standpoint of Islamic law.

The general working population recognises the value of job security in the form of continued employment in an organisation until retirement age. Unfortunately, job loss is an unavoidable and painful result of a corporate restructuring or reorganisation process justified by economic and business needs. Downsizing occurs when a company no longer requires the same number of employees as before because the employee's functions have ceased or been significantly reduced.

For example, the current Covid pandemic has put a lot of pressure on businesses, with government-imposed lockdowns and movement controls all over the world making it impossible to win new business or continue with existing initiatives. However, it is critical that the termination of an employment contract due to redundancy be based on acceptable grounds that are genuine and free of any unfair labour practises.

This revised volume includes full treatment of current and major developments in Malaysian retrenchment law and practise.

This title provides a complete discussion of

  • the concepts and factors that contribute to redundancy;
  • layoffs and retrenchment
  • procedures an employer should take when retrenchment is necessary;
  • instances in which a retrenched worker may be entitled to compensation;
  • instances in which a retrenched employee may challenge the layoff;
  • employee's right to special treatment if his or her employer goes bankrupt;
  • proposal for the establishment of a retrenchment fund and its operating structure;
  • Retrenchment from the standpoint of Islamic law, as well as the use of Zakat money to aid unemployed Muslims until they find new work.

This book, written by authors with extensive experience in employment law, frequently refers to legislative sources and court decisions to illustrate how the law and practise of retrenchment function. This book will undoubtedly give employers, employees, and their legal counsel with much-needed information.

TABLE OF CONTENTS of Retrenchment: The Law and Practice in Malaysia, 2nd Edition

  • Chapter 1: Retrenchment: An Introduction and an Overview
  • Chapter 2: Security of Tenure vs Management Prerogative to Discharge Surplus Labour
  • Chapter 3: Redundancy, Retrenchment and Lay-Off
  • Chapter 4: Redundancy to Retrenchment: Justifiable Reasons 
  • Chapter 5: Retrenchment: The Law in Malaysia 
  • Chapter 6: Code of Conduct for Industrial Harmony
  • Chapter 7: Change of Ownership of Business and the Continuity of Contract of Employment 
  • Chapter 8: Outsourcing 
  • Chapter 9: Voluntary Separation Scheme
  • Chapter 10: Retrenchment Benefits
  • Chapter 11: Accepting Retrenchment Compensation and Alleging Unfair Dismissal
  • Chapter 12: Dismissal Under Guise of Retrenchment
  • Chapter 13: Retrenchment: The Evidential Burden and Consequence for Failure to Discharge Burden
  • Chapter 14: Redundancy to Retrenchment: Selected Industrial Court Awards 
  • Chapter 15: Preferential Payment of Retrenchment Benefits and the National Insurance Fund
  • Chapter 16: Termination Benefits and Training Schemes under Employment Insurance System Act 2017 and Pembangunan Sumber Manusia Berhad Act 2001
  • Chapter 17: The Islamic Approach to Retrenchment
  • Chapter 18: Employer’s Guide to Bona Fide Retrenchment

Find more books like Retrenchment: The Law and Practice in Malaysia,: EMPLOYMENT LAW


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