In a growingly fast-paced and borderless world, business continues to transcend traditional workplace boundaries. We understand the need to keep employees mobile and regularly advises on trans-border employment packages, secondment and transfer of employment within and between entities.
With the myriad of labour law statutes in Malaysia today, it is important for companies to ensure ongoing compliance of its legal obligations as employers. We assist our clients in this regard by advising on, and reviewing and drafting applicable terms and conditions of employment. We advise on the applicability of, amongst others, the following laws in respect of company documents including employment contracts and company policies:-
- Employment Act 1955
- Employment (Restriction) Act 1968
- Industrial Relations Act 1967
- Trade Union Act 1959
- Minimum Retirement Age Act 2012
- Employees Provident Fund Act 1991
- Employees Social Security Act 1969
- Minimum Wages Order 2016
- Occupational Safety and Health Act 1994
- Workman’s Compensation Act 1952
- Income Tax Act 1967
- Personal Data Protection Act 2010
- Employment Insurance System Act 2017
Reorganisation and Restructuring, Redundancy and Retrenchment
We advise our client on issues which arise with internal reorganisation and restructuring, and are known to provide sound and solution-driven retrenchment advice. As always, our goal is to assist its clients to strengthen their case and to minimise the risk of unjust dismissal claims being brought.
We assist our clients in drafting separation agreements and advise on customised, communication strategies to the relevant employees.
Talent Management and Performance
Retaining and managing talent is key to a business’ success. We are experienced in and advises its clients on talent management programmes including incentive and bonus scheme structures and on managing poor performers at the workplace.
Review of Employment Contracts, Policies and Applicable Human Resource Documentation
We advise and assist our clients in establishing or reviewing internal documents including employment contracts, handbooks, and company policies to ensure both compliance with local laws and recommended practice.
Consultancy Agreements, Contract for Services and Independent Contractors
We advise and assist our clients in drafting and reviewing Independent Contractor/Consultancy Agreements.
Takeovers, Mergers and Acquisitions
We are experienced in advising, assisting and providing comprehensive support in local and global level transactions of business transfers and share acquisitions which may include due diligence, negotiations with the counter-party, drafting of contractual terms, efforts to ensure retention of key personnel and harmonisation of employment terms.
We advise our clients on the employment of foreign citizens and assists with obtaining the relevant work permits.