Do you find anything wrong with this scenario? “Employee X is working for a multinational corporation (“MNC”) as its purchasing officer. Her husband owns a company called Renovator ABC that specialises in office renovations. When the MNC announces its plans to open another branch office in Kuala Lumpur, Employee X recommends that Renovator ABC carry […]
Fixed 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 temporal work, or for a specific project which is not anticipated to be long term. Fixed term contracts are also used for the engagement of […]
Sexual 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 is therefore fitting that the recent Industrial Court Award in the case of Shamshir Alam bin S M Khairuddin v IBFIM(Award No. 662 of 2019, 21 […]
As discussed in our previous post, exclusion clauses are enforceable in general, no matter how wide they appear to the courts, provided that: The clause is not found to be unfair under the Consumer Protection Act 1999 (e.g. clause that excludes or restricts liability for negligence); The clause unambiguously shows that parties intended to limit […]
The 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 time, whether as a foreigner or a local. After identifying the type of business to purchase, the question of “Should I purchase the seller’s existing […]
Is 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 a business in Malaysia entails. This article is written from the point of view of a seller of a business. Regardless of the size of your business, there […]
Can a deposit that has been 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 Telecommunications Sdn. Bhd. (Appeal No. 02(f)-64-09/2016(W), 21 November 2018) sheds some light on this query, especially given the earlier Malaysian case law about liquidated […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Syahrul Syazwan Salehin of SYAHRUL & HAMIDI Advocates & Solicitors. Syahrul has joined IR as our exclusive White Collar Crime Member in Malaysia. Mr. Syahrul Syazwan Bin Salehin, is a Partner of the firm. Having been actively practicing since 2008, Mr. Syahrul […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Shahrul Fazil Kamarulzaman of SYAHRUL & HAMIDI Advocates & Solicitors. Shahrul has joined IR as our exclusive White Collar Crime Member in Malaysia. hahrul Fazli is an Advocate & Solicitor of the High Court of Malaya. His legal career kicked off […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Hamidi Datuk Mohd Noh of SYAHRUL & HAMIDI Advocates & Solicitors. Hamidi has joined IR as our exclusive White Collar Crime Member in Malaysia. Mr. Hamidi Datuk Mohd Noh, is a Partner of the firm. He is also a former Deputy […]
What is Transfer Pricing? Transfer pricing generally refers to inter-company pricing arrangements for the transfer of goods, services and intangibles between ‘associated persons’. Transfer pricing laws and guidelines ensure fairness of the transactions by enforcing the arm’s length transaction. Based on the arm’s length principle, transactions between parties should be conducted at a price as […]
Constructive 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 to no longer be bound by the employment contract. In short, the employee quits because of the breach, but in law, this is treated as […]