Retrenchment: The Law and Practice in Malaysia

Employment / Labour Law

Retrenchment: The Law and Practice in Malaysia

Edited by Ashgar Ali Ali Mohamed · Farheen Baig Sardar Baig
Sweet & Maxwell Malaysia July 2012

Specifications

ISBN-13
9789675040924
Publisher
Sweet & Maxwell Malaysia
Publication
July 2012
Format
Hardback , 580 pages
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

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.
 
Readership
Human resource practitioners, lawyers, in-house counsel, judicial officers and employees

Table of Contents

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 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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