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Retrenchment: The Law and Practice in Malaysia Ashgar Ali Ali Mohamed Farheen Baig Sardar Baig ISBN / ISSN: 978-967-5040-92-4
The importance of job security in the form of continuity in employment in an organisation up to the normal retirement age applies to the general working population. Unfortunately job loss justified by economic and business needs is an inevitable and painful consequence of a corporate restructuring or reorganisation process. It is however essential that the termination of an employment contract on the grounds of redundancy must flow from justifiable grounds which must be bona fide and untainted by any unfair labour practice.
Retrenchment is full of legal intricacies. This book gives insight into the law and practice of retrenchment in Malaysia. Following an overview of the concept of retrenchment, it delves into the circumstances that might lead to retrenchment, the protection provided by the law, the calculation of retrenchment benefits and the payment thereof in the event of insolvency or the winding-up of a company, the operation of the Code of Conduct for Industrial Harmony, as well as the idea of the setting up of a retrenchment fund and the mechanism for its effective implementation from the Islamic law perspective.
Written by authors who have wide experience in employment law, this book makes regular reference to statutory sources and cases from the courts to explain the working of the law and practice of retrenchment. A chapter sets out illustrations from decided cases to assist the reader to better understand how retrenchment can be properly carried out, and the nature and quantum of benefits that may be awarded by the court. The operation of a voluntary separation scheme that often takes place in a business restructuring is also considered.
This book will certainly provide much-needed information to employers, employees and their legal advisers.
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
Chapter 12 Dismissal Under Guise of Retrenchment
Chapter 13 Retrenchment: The Evidential Requirements
Chapter 14 Redundancy to Retrenchment: Selected Industrial Court Awards
Chapter 15 Preferential Payment of Retrenchment Benefits and the Proposed National Retrenchment Fund
Chapter 16 Human Resources Development Berhad: The Training Schemes
Chapter 17 The Islamic Approach to Retrenchment
Chapter 18 Employer’s Guide to Bona Fide Retrenchment
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