Can an employer terminate an employee without notice in Malaysia? This article explains when serious misconduct or a wilful contractual breach may justify summary dismissal. It covers show cause letters, due inquiry, domestic inquiries, unexplained absence, payment in lieu of notice and an employee’s right to challenge dismissal in the Industrial Court under Malaysian employment law and applicable statutory procedures.
Can an employer dismiss employees because of business restructuring in Malaysia? This article explains when restructuring may justify retrenchment, how employers must prove genuine redundancy and why fair selection matters. It also covers LIFO, notice periods, termination benefits, Borang PK requirements and employees’ right to challenge an unfair dismissal through the Industrial Court process in Malaysia.
Can you challenge a Mutual Separation Scheme (MSS) after signing it? The answer is yes—but only in certain circumstances. This article explains when an MSS may be set aside by the Industrial Court, the legal principles governing voluntary consent, and the landmark Malaysian cases that determine whether an employee has been genuinely separated or unfairly dismissed.
Being retrenched can be overwhelming, but not every retrenchment is legally justified. Learn when an employer can lawfully retrench employees in Malaysia, what genuine redundancy means, whether the LIFO principle applies, and what rights employees have if they believe their dismissal was unfair. A practical guide based on Malaysian employment law and leading court decisions.
A shareholders’ agreement is a vital document for private companies in Malaysia, setting out how decisions are made, rights are protected, and disputes are resolved. By clearly defining roles, safeguards, and exit mechanisms, it helps prevent conflicts and ensures both majority and minority shareholders are treated fairly while maintaining transparency and business continuity.
Malaysia’s ESG framework is rapidly evolving, driven by regulatory guidance, climate policies, and global standards. Companies are expected to integrate sustainability into strategy, enhance transparency, and manage ESG risks effectively to remain competitive and deliver long-term value to stakeholders.
Section 291(1) of the Companies Act 2016 allows members of a company to pass ordinary resolutions by written means if approved by a simple majority of those entitled to vote. Malaysian courts have clarified that “more than half” refers to a majority of voting rights, not headcount, reinforcing that shareholding—not number of members—determines control in written resolutions.
A commercial tenancy agreement contains key terms that can impact business operations. This guide highlights important clauses such as renewal rights, termination, maintenance, deposits, and renovations, helping tenants understand their obligations and avoid common pitfalls when leasing commercial property in Malaysia.
Malaysia’s anti-bribery and anti-corruption framework, governed by the MACC Act, criminalises bribery and imposes corporate liability under Section 17A. Organisations must implement robust compliance measures, including policies, risk assessments, monitoring, and training, to prevent corruption. Effective anti-corruption practices protect businesses from legal penalties, reputational damage, and support a culture of integrity and ethical business conduct.
KYC (Know Your Customer) is a key compliance process used to verify client identities, assess risk, and prevent financial crime. This article outlines the KYC framework, including onboarding, due diligence, risk assessment, and ongoing monitoring, helping businesses understand their obligations and implement effective controls to meet regulatory requirements and safeguard against money laundering and related risks.
