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Lee Hishammuddin Allen & Gledhill

Employment & Industrial Relations Advisory

Employment & Industrial Relations Advisory
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Employment & Industrial Relations Advisory
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Employment & Industrial Relations Advisory

Our advisory clients represent a broad cross-section of the Malaysian economy from an eclectic range of industries including airline, banking and finance, education, oil and gas, IT and telecommunications, manufacturing, housing development, construction, food and beverage, logistics, warehouse, supply chain and consultancies. They include:

  • Multinational corporations (including Fortune 500 entities), government-linked companies and public-listed companies, as well as family-owned enterprises; and
  • Notable non-commercial entities such as Bank Negara Malaysia (the Central Bank of Malaysia), the United States of America Department of Justice, the Islamic Financial Services Board, the International Committee of the Red Cross, the International Rescue Committee, Inc., the South East Asian Central Banks (SEACEN) Research and Training Centre, the Asia School of Business, Lembaga Kemajuan Tanah Persekutuan (the Federal Land Development Authority) and Lembaga Tabung Angkatan Tentera (the Armed Forces Fund Board).

 

The collective experience of our lawyers in contentious and non-contentious matters ensures that we are well-equipped with the expertise to provide advisory services which cover all aspects of employment and industrial relations. This ranges from engagement of people to management of staff and to the cessation of employment. In rendering advice, the correlative rights and interests of employers and staff are carefully considered, and we keep a sharp focus on the concern that disputes are minimised or averted to promote industrial harmony in the workplace.

Partners Specializing in this area

Partners Specializing
in this area

Learn more about our partners who specialize in this area

Amardeep Singh Toor

Partner

Amardeep Singh Toor

Partner

Arissa Ahrom

Partner

Arissa Ahrom

Partner

Lim Heng Seng

Consultant

Lim Heng Seng

Consultant

Key Experience

Engagement of people
  • The type and nature of contracts and status of a worker;
  • Drafting of various types of employment contracts;
  • Securing services by independent contractors and outsourcing of services;
  • Minimum standards of terms and conditions of service under Malaysian employment laws;
  • Statutory obligations under other employment related laws such as those regarding personal data protection, employment social security, income tax, place of work, occupational safety and health, human resources development, and minimum standards of housing, accommodations and amenities; and
  • Non-statutory express and implied contractual terms such as pre-employment medical screening, background checks, duties of good faith and fidelity, mutual trust and confidence, confidentiality, non-compete, non-solicitation, intellectual property and company properties obligations
Management of staff
  • Drafting and reviewing of employee handbooks, codes of conduct, work rules, policies and procedures and other employment-related documentation;
  • The employer’s exercise of management prerogative such as with regard to management of performance and discipline, confirmation or non-confirmation of probationers, handling of grievances, maintenance of harmonious and respectful workplace environment, and allocation and relocation of human capital by transfer, secondment, assignment, outsourcing or subcontracting;
  • Restructuring of employment benefits and other changes to terms of employment in accordance with Malaysian employment and industrial relations laws, good industrial relations practices and well-established principles of industrial jurisprudence; and
  • Establishment of worker representation in joint consultative councils to promote industrial harmony in the workplace where staff are unionised and collective bargaining.
Cessation & Termination
  • The modalities and process for cessation and termination of employment whether arising from resignation, non-confirmation, dismissal for poor performance, misconduct or incapacity, retrenchment, voluntary separation schemes, mutual separation, retirement or expiry of fixed-term contract which are compliant with the law and good industrial relations practices as well as with an eye to avert or minimise legal risks of unjust dismissal claims;
  • The forums and process for adjudicating cessation and termination disputes;
  • The types of reliefs which may be sought by an employee; and
  • Enforcement of post-employment covenants.

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Other Practice Areas

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