Lawyers’ Q&A: Employment legalities on salary, redundancy and cost-saving measures in Malaysia
In this live virtual session, Malaysian employers will benefit from advice on legal elements that HR should embrace going forward into the new normal.
15 June 2020
10 – 11.30am
Reeling from the after-effects of COVID-19, the Malaysia Government’s stimulus packages have helped employers stay afloat in the short-term through financing options. While the pandemic has left many others grappling with the legal complexities around it, what are the legal elements that HR should brace when going forward into the new normal? How can you ensure compliance especially when it comes to salaries? Retrenchment is being considered by some companies but what about retention options?
In this 90-minute session, you can expect to draw on the expertise of a panel of seasoned lawyers to share the hard-hitting legal obligations of employers and the realities of business survival in the toughest of times.
This live event also includes a real-time, dedicated Q&A session for participants to get their questions answered. We will also provide an ‘upvote’ option to help the speaker identify and prioritise answering the most popular questions.
After the session, you will be equipped with knowledge on managing salaries and costs, layoffs, and retention strategies for tough times!
Salary and benefits
- Can employers cut back on employee benefits such as medical insurance and petrol allowance? Is employee consent needed?
- Can deemed consent be used for cost saving measures, such as pay reduction?
- If an employment contract does not contain a redundancy clause, can the employer legally get away with not paying any retrenchment benefits?
- If WFH is the new normal, what are the components of the C&B package?
- For commission-based roles, is the reduction of commission considered a “pay cut”?
- What is the minimum redundancy support and benefits that employers must provide?
- Disguised retrenchments – What should employers and employees be wary of?
- How long can an employer put an employee on unpaid leave?
- If we are not in essential services and we are able to telecommute after the MCO has been lifted, should we still open our office?
- How should employers deal with Malaysian employees who return from overseas during this period, or those who wish to travel out for personal reasons?
- What is the advice and legal practices that organisations should know when we brace the new normal?
Eddie Chuah, Partner, Wong & Partners
Eddie Chuah is a partner at Wong & Partners, with experience in all aspects of civil litigation, arbitration, industrial relations disputes and compliance. Eddie has represented major corporations in dealing with employment related issues and disputes. He has successfully defended many major corporations for claims by ex-senior management for wrongful dismissal and regularly appears in the Industrial Court. In Asialaw Profiles 2019, clients praised Eddie as a “Professional, subject matter expert” and was also named “Future Star” for Dispute Resolution by Benchmark Litigation Asia Pacific 2018, 2019.
Donovan Cheah, Partner, Donovan & Ho
Donovan heads the employment and dispute resolution practice at Donovan & Ho, where he has represented clients across various industries in employment litigation matters such as unfair dismissal claims and judicial review proceedings. Donovan is an advocate and solicitor of the High Court of Malaya, and a registered foreign lawyer with the Singapore International Commercial Court. He is a Fellow at the Singapore Institute of Arbitrators and the Malaysian Institute of Arbitrators, and also sits on the Malaysian Bar’s Industrial and Employment Law Committee.