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Case Spotlight: What is a Genuine Fixed Term...
02 Apr 2019 | Employment LawFixed term employment contracts are employment contracts for a specified period (eg: 1 year or 2 years). These contracts are commonly used when an employee is engaged for seasonal or...
Case Spotlight: The Proper Approach to be Taken...
22 Mar 2019 | Employment LawSexual harassment at the workplace is not something new, but it has been making headlines in Malaysian news over the past few months due to several high profile cases. It...
Are One-Sided Exclusion Clauses Enforceable?
18 Mar 2019 | CorporateAre ‘one-sided’ exclusion clauses enforceable? The Malaysian Federal Court weighs in; As discussed in our previous post, exclusion clauses are enforceable in general, no matter how wide they appear to...
Buying a Business in Malaysia – Tips from...
06 Mar 2019 | CorporateThe prospect of acquiring a company or a small business in Malaysia can be one that is both exciting and daunting, especially for those that are purchasing for the first...
Selling A Malaysian Business – Share Sale vs...
27 Feb 2019 | CorporateIs selling your business something you envisage or have planned to take place at some point in time? In any event, it helps to know what a sale of business...
Case Spotlight: Forfeiture of Deposits & Liquidated Damages
19 Feb 2019 | Dispute ResolutionCan a deposit paid under a contract be forfeited without having to prove the damage suffered? The recent Federal Court decision in Cubic Electronics Sdn. Bhd (in liquidation) v Mars...
Introduction to Transfer Pricing
12 Feb 2019 | TaxIntroduction to Transfer Pricing for Malaysian Companies & Startups with Presence in Different Countries What is Transfer Pricing? Transfer pricing generally refers to inter-company pricing arrangements for the transfer of...
Acting Fast in a Constructive Dismissal Claim
31 Jan 2019 | Employment LawConstructive Dismissal is where an employee leaves his employment as a result of the employer breaching a fundamental term of the employment contract, or where the employer displays an intention...
What is an Invalidity Pension?
25 Jan 2019 | Employment LawInvalidity Pensions Invalidity Pension or more commonly known to the public as “pencen ilat” is a benefit conferred to employees who have suffered permanent disability or a morbid condition during...
Important Elements in a Software Maintenance and Support...
15 Jan 2019 | CorporateGenerally, a typical software licensing agreement between providers and users will contain the elements below: the software licensing agreement: which contain the main commercial and legal terms of the licensing...
Practical Considerations in Settling an Unfair Dismissal Claim
04 Jan 2019 | Employment LawAfter a complaint for unfair dismissal is filed to the Industrial Relations Department, more often than not, parties would face two processes known as conciliation and mediation. Both these processes...
Proposed Amendments to the Industrial Relations Act 1967
21 Dec 2018 | Employment LawIn keeping with the Ministry of Human Resources’ (“Ministry”) policy to review and reform the employment landscape in Malaysia, the Ministry has been proposing several amendments to a number of...