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.
Retrenchment: An Introduction and an Overview
Security of Tenure vs Management Prerogative to
Discharge Surplus Labour
Redundancy, Retrenchment and Lay-Off
Redundancy to Retrenchment: Justifiable Reasons
Retrenchment: The Law in Malaysia
Code of Conduct for Industrial Harmony
Change of Ownership of Business and the Continuity of Contract of Employment
Voluntary Separation Scheme
Accepting Retrenchment Compensation and Alleging
Dismissal Under Guise of Retrenchment
Retrenchment: The Evidential Requirements
Redundancy to Retrenchment: Selected Industrial Court Awards
Preferential Payment of Retrenchment Benefits and the Proposed National Retrenchment Fund
Human Resources Development Berhad: The Training Schemes
The Islamic Approach to Retrenchment
Employer’s Guide to Bona Fide Retrenchment
Human resource practitioners, lawyers, in-house counsel, judicial officers and employees