Employment law

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan and Masum, Ahmad and Arowosaiye, Yusuf Ibrahim and Lilienthal, Gary (2025) Employment law. In: Business and Commercial law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, pp. 547-605. ISBN 978-629-7669-88-5

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Abstract

Generally, a worker has an economic interest in retaining the job for as long as he is capable of doing so or until the age of retirement. A worker’s job security is recognised in Malaysia to the extent that the courts have given a liberal interpretation to the word ‘life’ in article 5(1) of the Federal Constitution to include the right to livelihood. Various statutes have been enacted in Malaysia to protect workers by regulating working conditions, providing various benefits to the workers apart from prohibiting arbitrary dismissal from employment. This is unlike the utilitarian philosophy of Bentham which introduced the doctrine of laissez-faire which doctrine is still prevalent at common law that the employee has no job security and that his services may be terminated with appropriate notice of termination as per the employment contract or the implied reasonable notice. Hence, the move by the legislature to enact employment statute such as the Industrial Relations Act 1967 (Act 177) (‘IRA 1967’) which does not condone, for example, arbitrary termination of an employee irrespective of whether he is engaged in employment on a permanent or probational basis. Having said the above, this chapter discusses the relevant labour statutes in Malaysia as well their application to an employee under a contract of service or a contract of employment. The discussion would also encompass the settlement of labour disputes with reference to the jurisdiction of the Industrial Court and the ‘Labour Court’.

Item Type:	Book Chapter
Uncontrolled Keywords:	EMPLOYMENT LAW
Subjects:	K Law > K Law (General) K Law > K1001 Commercial Law K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	14 May 2025 11:41
Last Modified:	14 May 2025 11:41
URI:	http://irep.iium.edu.my/id/eprint/120923

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