Newly Updated: “Guide to Malaysian Employment Law”
The Malaysian Lawyer
by Marcus van Geyzel
2w ago
We have just updated our very popular Guide to Malaysian Employment Law. These updates take into account the significant changes to the Employment Act as a result of the Employment (Amendment) Act 2022 and Employment (Amendment of First Schedule) Order 2022 which came into force on 1 January 2023. Since the Guide was launched in October 2021 (See: “Just launched: ‘Guide to Malaysian Employment Law'”) it has attracted a constant stream of readers, still averaging in the high thousands of unique views every month. As mentioned when the Guide was launched, the topics in the Guide have been selec ..read more
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Largest Law Firms in Malaysia 2022
The Malaysian Lawyer
by The Malaysian Lawyer
3w ago
We usher in 2023 by reviewing the largest law firms in Malaysia in 2022. This compares with the previous editions (2021, 2020, 2019, and 2018). We refer to the number of lawyers based on the Malaysian Bar legal directory as at to date. The Year 2022 in Review The 3 Largest Malaysian Law Firms As a repeat of last year’s listings, the three largest law firms in Malaysia continue to be Zaid Ibrahim & Co, Skrine, and Shearn Delamore & Co. Zaid Ibrahim & Co maintains its top ranking with the largest number of lawyers: 123 lawyers in total for the year 2022. However ..read more
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Case Update: High Court Decision on Interaction between Judicial Management and Insolvency
The Malaysian Lawyer
by Lee Shih
5M ago
The High Court in Exxobrite Sdn Bhd v Value Plus Industries Sdn Bhd (grounds of judgment dated 29 July 2022) dealt with the moratorium effect of a judicial management order and the insolvency repercussions arising from the judicial management process. Summary of the Decision and Significance Grounds by: Nadzarin bin Wok Nordin J The company, Value Plus, was placed into judicial management. As part of the judicial management process, the judicial manager had carried out the proof of debt exercise and drew up the judicial manager’s Statement of Proposal. The creditor, Exxobrite, had i ..read more
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Employees earning up to RM4,000/month will be entitled to overtime payments. Here’s what employers need to know.
The Malaysian Lawyer
by Marcus van Geyzel
5M ago
From 1 September 2022, when the new Employment Act (“EA”) amendments come into force (See: Employment Act to apply to all employees from 1 September 2022, some sections subject to increased salary threshold of RM4,000/month), all employees with wages up to RM4,000/month will be entitled to overtime payments. This is a significant change from the pre-amendment EA, where generally only employees with wages up to RM2,000/month were entitled to overtime payments. This widened scope will have a major financial impact on many employers, who have already had to cope with the increased minimum wage f ..read more
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Employment Act to apply to all employees from 1 September 2022, some sections subject to increased salary threshold of RM4,000/month
The Malaysian Lawyer
by Marcus van Geyzel
6M ago
When the Employment (Amendment) Act 2022 (“the Amendment Act”) was gazetted earlier this year, there was much confusion regarding what the scope of the Employment Act (“EA”) would be once the Amendment Act came into force. This confusion was fuelled by the government not amending the First Schedule at the same time the Amendment Act was passed, and also repeatedly stating that the EA’s scope would be expanded so that all employees regardless of salary would be entitled to the EA benefits and protections, with many industry experts sharing the view that such a blanket expansion would be imprac ..read more
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Flexible Working Arrangements: What employers should include in a Flexible Working Policy and other recommended documents
The Malaysian Lawyer
by Marcus van Geyzel
6M ago
Pursuant to changes contained in the Employment (Amendment) Act 2022 (“the Amendment Act”), which the government has announced will come into force on 1 September 2022, employees in Malaysia will be allowed to apply to their employer for a Flexible Working Arrangement (“FWA”). (For a more comprehensive look at the changes under the Amendment Act, read my earlier article: “Malaysia Employment Act amendments: 7 key changes for employers to note”) The introduction of FWAs under the Amendment Act is the first time that FWAs have been formally recognised in Malaysia, and may be the first of many s ..read more
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Case Update: A Second Judicial Management Order – Extending JM Past 12 Months
The Malaysian Lawyer
by Lee Shih
6M ago
The High Court in Syed Ibrahim & Co v Trans Fame Offshore Sdn Bhd [2022] MLJU 1380 (grounds of judgment dated 16 June 2022) involved the Court granting a second judicial management order. In effect, this allowed for the company to be under judicial management even past the initial 12-month period of the first judicial management order. Summary of the Decision and Significance Grounds by: Nadzarin bin Wok Nordin J The Court granted a judicial management order dated 11 December 2020 over the distressed company, Trans Fame Offshore.  With the extension to the judicial management or ..read more
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Malaysia passes Anti-Sexual Harassment Bill with very minor amendments, despite widespread criticism
The Malaysian Lawyer
by Marcus van Geyzel
6M ago
Malaysia’s Dewan Rakyat (House of Representatives) has passed the Anti-Sexual Harassment Bill 2021, despite unaddressed concerns of significant shortcomings in the Bill. The Bill was initially tabled for its first reading in December 2021 (Read our previous post: “Malaysia’s Anti-Sexual Harassment Bill tabled in Parliament”). It was then withdrawn from a second reading earlier in 2022, with the government indicating that it would be significantly reviewed following robust feedback received from various parties. Unfortunately, the Bill which was passed this week only had very minor amendments ..read more
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Inns of Court Malaysia Webinar: Judicial Management and Corporate Rescue
The Malaysian Lawyer
by Lee Shih
7M ago
The Inns of Court Malaysia will be holding another instalment of its flagship event, the ICM Legal Education Series. This webinar is on Friday 22 July 2022 at 4pm. Registration is required. The event is free for Inns of Court Malaysia members and RM50 for non-members. This talk is titled Judicial Management and Corporate Rescue: Balancing the Rescue of Distressed Companies and the Rights of Creditors. You may download the poster for email registration or sign up via the Google Forms link. There has been a lot of interest and demand for a talk on the latest developments in judicial management ..read more
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Case Update: Court of Appeal Rules Against Scomi Group Judicial Management Appeal
The Malaysian Lawyer
by Lee Shih
9M ago
Today, the Court of Appeal dismissed Scomi Group Bhd’s appeal against the High Court decision dismissing its judicial management application. As set out earlier, the High Court had ruled on two points when dismissing the judicial management application of Scomi Group Bhd, being a listed company. First, the High Court ruled that a listed company could not apply for judicial management. The High Court ruled that a listed company would fall within the exclusion in section 403(b) of the CA 2016: “a company which is subject to the Capital Markets and Services Act 2007“. Second, in this case, a sec ..read more
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