Employment Law

Employment Law

Messrs S. K. Song's employment practice group provides exclusive and client focused legal services. We are a niche team with extensive experience in the Employment and Industrial Relations field. Our trademark is simply the quality of our work. We offer our clients practical, result-oriented and customized legal solutions tailored to the specific needs of both employers and employees in Johor Bahru and throughout Malaysia.

Employment law in Malaysia is governed by a comprehensive framework including the Employment Act 1955, the Industrial Relations Act 1967, the Trade Unions Act 1959, and various regulations and guidelines issued by the Ministry of Human Resources. Navigating this framework requires specialised knowledge and experience, which our team possesses in abundance.

Employment Contracts & Policies

A well-drafted employment contract is the foundation of a healthy employer-employee relationship. We draft, review, and negotiate employment contracts for both employers and employees, ensuring that terms are fair, compliant with Malaysian labour law, and protective of our client's interests. We also advise employers on developing comprehensive workplace policies covering areas such as disciplinary procedures, grievance handling, data protection, and social media use.

Wrongful Dismissal & Unfair Dismissal

Wrongful dismissal is one of the most common employment disputes in Malaysia. Employees who believe they have been dismissed without just cause or excuse may file a representation to the Director General of Industrial Relations under Section 20 of the Industrial Relations Act 1967. We represent both employees seeking reinstatement or compensation and employers defending the reasonableness of their dismissal decisions. Our lawyers guide clients through the conciliation process at the Industrial Relations Department and, where necessary, represent them at the Industrial Court.

Industrial Relations & Trade Unions

We advise employers on managing relationships with trade unions, including collective bargaining negotiations, recognition disputes, and handling industrial action such as strikes and picketing. We also assist in the formation and registration of trade unions and advise union leaders on their rights and obligations under Malaysian law.

Workplace Disputes & Disciplinary Proceedings

Workplace conflicts can escalate quickly if not managed properly. We advise employers on conducting fair and lawful disciplinary proceedings, including domestic inquiries, to ensure compliance with the principles of natural justice. For employees facing disciplinary action, we provide representation and advice to protect their rights throughout the process. We also handle complaints of workplace harassment, discrimination, and bullying.

Employee Rights & Benefits

Malaysian employees are entitled to a range of statutory benefits including minimum wage, overtime pay, annual leave, sick leave, maternity leave, and contributions to the Employees Provident Fund (EPF) and Social Security Organisation (SOCSO). We advise employees whose rights have been violated and assist employers in understanding and complying with their obligations under the law. We also handle claims for work-related injuries and occupational diseases under the Employees' Social Security Act 1969.