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ASKLEGAL.MY
How Malaysian law works, simplified for the public. No lawyerspeak. Wepromise.
4 TAX RELIEFS YOU CAN GET IN MALAYSIA IN 2021 HOW TO GET LEGAL AID IN MALAYSIA Step 2: Choose a legal aid body. Image from freemalaysiatoday. There are 3 legal aid bodies to choose from in Malaysia: Legal Aid Department(LAD): The generally handle criminal cases where the accused has pleaded guilty. So they would come in and help you get a lighter sentence. They also handle certain civil cases. HERE'S WHAT MALAYSIAN CONDO OWNERS SHOULD KNOW The first kind of management body is the Joint Management Body (JMB). The JMB is a collaboration between the developer and the owners of the strata property. JMBs have to ensure that the apartment (or land if it is gated and guarded) and its common property is properly managed by keeping it in good repair. The JMB is also supposed to determine WHAT TYPE OF PROTECTION DO WHISTLEBLOWERS GET IN Under Section 6 (1) of the Whistleblower Protection Act, a whistleblower is anyone who discloses any disciplinary offences or criminal offences to the authorities (such as corruption and fraud). In turn, whistleblowers are given 3 types of protections: The whistleblower’s identity is kept confidential. Immunity from legalliabilities and any
HOW DO YOU START A SMALL CLAIMS PROCEDURE IN MALAYSIA Just follow these steps to file a claim: Go to the nearest Magistrates’ Court. See the registrar or clerk in charge and ask for Form 198 (Order 93, rule 3 (1)). Fill in the form, with all the necessary details (Order 93, rule 3 (2)), in four copies (Order 93, rule 5 (1)). State when, how and why the claim has arisen. 5 TYPES OF LEAVE IN MALAYSIA (AND IF YOU WILL BE PAIDSEE MORE ONASKLEGAL.MY
MSIANS CAN WORK DURING THE MCO DESPITE NOT BEING IN AN As much as many of us love being at home, some of us are waiting for this MCO to end so that we can go back to work. All of us know that during this MCO, we’re not supposed to leave our homes unless necessary, and only those who work in essential services are allowed to go to their workplaces. However, there have been a number of people who have claimed that they’ve been made to go to work IF A COMPANY IN MALAYSIA FAILS, CAN I SUE THE DIRECTORS The first duty can be found in section 213(1) which sets out the duty for directors to act within the powers that have been given to him. To put it in context, there are two ways a director can gain his powers from in Malaysia. The first would be through the Companies Act 2016 and the other way would be through the company’s constitution (we will explain what this is later on in the article). IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 22(12)/4 2 AWARD The Ministerial reference in this case required the Court to hear and determine the Claimant’s complaint of dismissal by the Company on 31 January 2019. I. PROCEDURAL HISTORY The Court received the letter pertaining to the Ministerial reference under Section 20(3) of the Industrial Relations Act 1967 on 16 August 2019.ASKLEGAL.MY
How Malaysian law works, simplified for the public. No lawyerspeak. Wepromise.
4 TAX RELIEFS YOU CAN GET IN MALAYSIA IN 2021 HOW TO GET LEGAL AID IN MALAYSIA Step 2: Choose a legal aid body. Image from freemalaysiatoday. There are 3 legal aid bodies to choose from in Malaysia: Legal Aid Department(LAD): The generally handle criminal cases where the accused has pleaded guilty. So they would come in and help you get a lighter sentence. They also handle certain civil cases. HERE'S WHAT MALAYSIAN CONDO OWNERS SHOULD KNOW The first kind of management body is the Joint Management Body (JMB). The JMB is a collaboration between the developer and the owners of the strata property. JMBs have to ensure that the apartment (or land if it is gated and guarded) and its common property is properly managed by keeping it in good repair. The JMB is also supposed to determine WHAT TYPE OF PROTECTION DO WHISTLEBLOWERS GET IN Under Section 6 (1) of the Whistleblower Protection Act, a whistleblower is anyone who discloses any disciplinary offences or criminal offences to the authorities (such as corruption and fraud). In turn, whistleblowers are given 3 types of protections: The whistleblower’s identity is kept confidential. Immunity from legalliabilities and any
HOW DO YOU START A SMALL CLAIMS PROCEDURE IN MALAYSIA Just follow these steps to file a claim: Go to the nearest Magistrates’ Court. See the registrar or clerk in charge and ask for Form 198 (Order 93, rule 3 (1)). Fill in the form, with all the necessary details (Order 93, rule 3 (2)), in four copies (Order 93, rule 5 (1)). State when, how and why the claim has arisen. 5 TYPES OF LEAVE IN MALAYSIA (AND IF YOU WILL BE PAIDSEE MORE ONASKLEGAL.MY
MSIANS CAN WORK DURING THE MCO DESPITE NOT BEING IN AN As much as many of us love being at home, some of us are waiting for this MCO to end so that we can go back to work. All of us know that during this MCO, we’re not supposed to leave our homes unless necessary, and only those who work in essential services are allowed to go to their workplaces. However, there have been a number of people who have claimed that they’ve been made to go to work IF A COMPANY IN MALAYSIA FAILS, CAN I SUE THE DIRECTORS The first duty can be found in section 213(1) which sets out the duty for directors to act within the powers that have been given to him. To put it in context, there are two ways a director can gain his powers from in Malaysia. The first would be through the Companies Act 2016 and the other way would be through the company’s constitution (we will explain what this is later on in the article). IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 22(12)/4 2 AWARD The Ministerial reference in this case required the Court to hear and determine the Claimant’s complaint of dismissal by the Company on 31 January 2019. I. PROCEDURAL HISTORY The Court received the letter pertaining to the Ministerial reference under Section 20(3) of the Industrial Relations Act 1967 on 16 August 2019. HOW TO GET LEGAL AID IN MALAYSIA Step 2: Choose a legal aid body. Image from freemalaysiatoday. There are 3 legal aid bodies to choose from in Malaysia: Legal Aid Department(LAD): The generally handle criminal cases where the accused has pleaded guilty. So they would come in and help you get a lighter sentence. They also handle certain civil cases. M'SIAN LANDLORDS MAY NOT NEED TO DECLARE TAX ON Due to Covid-19, the past few months have been financially stressful for a lot of people. As many have lost their jobs and undergone massive pay cuts, the government has offered some help to make ends meet. Besides financial aid, the government has also allowed Malaysians to file their taxes a little later than the usual (the initial deadline this year was April). IS THERE A LEGAL WAY TO SKIP THE NOTICE PERIOD WHEN YOU 2. Offset your notice period with leave. Image from humanresourcesonline. This method isn’t usually going to let you skip your entire notice period, but it can shorten it by a lot. A lot of you will be pretty familiar with offsetting your notice period with outstanding leave, and may see it as “standard practice”, butit’s actually not
HOW DO YOU LEGALLY TRANSFER PROPERTY TO SOMEONE ELSE IN You’ll need the Borang 14A. The Memorandum of Transfer that we just mentioned is a form used to transfer ownership of property from one person to another. In Malaysia, it’s known as Borang 14A, and it looks like this: The Selangor government also has CERTAIN HOME RENOVATIONS IN MALAYSIA MAY NOT REQUIRE You may need a permit to start renovating. Image from Jass Sharing via WordPress. The very first part of the process would be obtaining a permit from your Majlis Perbandaran. To clarify, not all renovations require permits but we will explain that in detail below. But let’s talk about why a permit is needed in the first place. ARE MALAYSIAN "FAMILY TRUSTS" ONLY FOR RICH Image from youtube. “Family trust” is another phrase Malaysians hear a lot whenever there’s a rich family squabble, such as the Genting clan’s extended family dispute over who owns what. Contrary to popular belief, trusts are not something only for the rich to use. In today’s world, common folk usually use trusts for wills,charities
5 FACTS YOU DIDN'T KNOW ABOUT THE MALAYSIA AGREEMENT 1. MA63 is an INTERNATIONAL agreement. Signatories of the Malaysia Agreement arriving in London on July 12, 1963. Image from The Borneo Post. MA63 is an international agreement, registered in the United Nations on 21 September 1970, bearing the registration number 10760. Being an international agreement, this means the Malaysia Parliamenthas
TRUE ABUSE STORIES: RAPED BY MY BIG BROTHER A victim of my own big brother. After reading all the stories that you shared, now I know there are lots of people who are suffering from this. I feel so sad. I'm also a victim. I was raped several times by my own brother since I was 7 or 8 until 15, I think. HAVE YOU EVER BOUGHT A HOUSE IN MALAYSIA AND HAD NO IDEA Regardless of your drive to buy a house, you would all go through (more or less) the same process. You stride into a developer’s office/ respond to an ad, view the house, fall in love with it, gush over it, and decide to buy it. You know that buying a house would definitely come with IN THE INDUSTRIAL COURT OF MALAYSIA CASE NO.: 22(12)/4 2 AWARD The Ministerial reference in this case required the Court to hear and determine the Claimant’s complaint of dismissal by the Company on 31 January 2019. I. PROCEDURAL HISTORY The Court received the letter pertaining to the Ministerial reference under Section 20(3) of the Industrial Relations Act 1967 on 16 August 2019. HOW TO GET LEGAL AID IN MALAYSIA Step 3: Sit for the qualification test. No studying will be required for this test. Image from themalaysiantimes. This test isn’t like those you used to sit for in school. These examinations are taken so that these legal aid providers can decide whether you qualify forlegal aid.
THIS IS THE GOVERNMENT'S PLAN TO KEEP MALAYSIAN 3 months later, Malaysia is now looking to further strengthen its economy after it being mostly closed during the MCO. So, on 5 th June 2020, the Prime Minister announced something known as the Pelan Jana Semula Ekonomi Negara (Penjana), or an economic recovery plan. This entire plan will cost RM35 billion, and it covers a whole lot ofthings
WHAT'S EXTRADITION, AND IS IT HARD TO BRING A The procedure for an extradition to happen in Malaysia is as follows: A requesting country sends a warrant for the arrest of a fugitive to the Malaysian Minister of Home Affairs. The Minister verifies the document, and then tells a Magistrate Court to issue a warrant for the fugitive’s arrest. The Magistrate can also issue the warrant based 5 CONSUMER RIGHTS YOU DIDN'T KNOW YOU HAD IN 5. You can get a refund for rejected items. In the CPA, the refunding of money or a replacement of product is covered under sections 45 and 46 of the CPA. Usually, a consumer has to reject the goods to get a refund or a replacement. It wouldn’t make sense if you want to keep the product, and want a refund or replacement. HOW DO BANKRUPTCY PROCEEDINGS WORK IN MALAYSIA? This means that if you borrowed RM50,000 from your friend and failed to pay to it back, he can initiate bankruptcy proceedings against you as well. Bear in mind that even a minor (someone under the age of 18) can be made a bankrupt through his guardian and there is technically, no maximum age for bankruptcy proceedings. 3. CAN MALAYSIAN COMPANIES SIMPLY FIRE STAFF WHILE THEY’RE When you start out at a new company, typically you’ll go through a probation period. This usually last for 3-12 months. Think of this as a trial period: the company can see if you’re a good fit for them; but also for you to decide whether you want to stay on.And some of us might think that our job is guaranteed during the probation period.The worst thing that could happen is the company IF TENANTS DON'T PAY RENT, WHAT CAN MALAYSIAN Article is originally written in January 2018. Over the past few years, the Malaysia property market has gone from hot to lukewarm and, due to economic uncertainties, the property market is expected to stay flat for the next half of the year.This presents a multitude of problems for landlords, but since we aren’t a property site like Propsocial, we’ll just be focusing on one problem in WHERE DO THE SYARIAH COURTS IN MALAYSIA GET THEIR LEGALSEE MORE ONASKLEGAL.MY
IS PROSTITUTION ILLEGAL IN MALAYSIA? YOU MIGHT BE BLOWN If you were to ask someone if prostitution is illegal in Malaysia, most Malaysians would answer yes with confidence. This can be seen in the outrage of netizens over a Malaysian policeman who was seen being close to a suspected prostitute.. However, a look at our Penal Code shows that there is no actual law that explicitly says that prostitution is illegal. SRI PUTRAMAS MANAGEMENT OFFICE Sri Putramas Management Office. Ground Floor, No 1 Jalan Putramas 1, Off Jalan Kuching, 51200 Kuala Lumpur. For any other enquiries, kindly call Sri Putramas Management Office at 03-6250 8296 or via email at putramas.office@gmail.com. HOW TO GET LEGAL AID IN MALAYSIA Step 3: Sit for the qualification test. No studying will be required for this test. Image from themalaysiantimes. This test isn’t like those you used to sit for in school. These examinations are taken so that these legal aid providers can decide whether you qualify forlegal aid.
THIS IS THE GOVERNMENT'S PLAN TO KEEP MALAYSIAN 3 months later, Malaysia is now looking to further strengthen its economy after it being mostly closed during the MCO. So, on 5 th June 2020, the Prime Minister announced something known as the Pelan Jana Semula Ekonomi Negara (Penjana), or an economic recovery plan. This entire plan will cost RM35 billion, and it covers a whole lot ofthings
WHAT'S EXTRADITION, AND IS IT HARD TO BRING A The procedure for an extradition to happen in Malaysia is as follows: A requesting country sends a warrant for the arrest of a fugitive to the Malaysian Minister of Home Affairs. The Minister verifies the document, and then tells a Magistrate Court to issue a warrant for the fugitive’s arrest. The Magistrate can also issue the warrant based 5 CONSUMER RIGHTS YOU DIDN'T KNOW YOU HAD IN 5. You can get a refund for rejected items. In the CPA, the refunding of money or a replacement of product is covered under sections 45 and 46 of the CPA. Usually, a consumer has to reject the goods to get a refund or a replacement. It wouldn’t make sense if you want to keep the product, and want a refund or replacement. HOW DO BANKRUPTCY PROCEEDINGS WORK IN MALAYSIA? This means that if you borrowed RM50,000 from your friend and failed to pay to it back, he can initiate bankruptcy proceedings against you as well. Bear in mind that even a minor (someone under the age of 18) can be made a bankrupt through his guardian and there is technically, no maximum age for bankruptcy proceedings. 3. CAN MALAYSIAN COMPANIES SIMPLY FIRE STAFF WHILE THEY’RE When you start out at a new company, typically you’ll go through a probation period. This usually last for 3-12 months. Think of this as a trial period: the company can see if you’re a good fit for them; but also for you to decide whether you want to stay on.And some of us might think that our job is guaranteed during the probation period.The worst thing that could happen is the company IF TENANTS DON'T PAY RENT, WHAT CAN MALAYSIAN Article is originally written in January 2018. Over the past few years, the Malaysia property market has gone from hot to lukewarm and, due to economic uncertainties, the property market is expected to stay flat for the next half of the year.This presents a multitude of problems for landlords, but since we aren’t a property site like Propsocial, we’ll just be focusing on one problem in WHERE DO THE SYARIAH COURTS IN MALAYSIA GET THEIR LEGALSEE MORE ONASKLEGAL.MY
IS PROSTITUTION ILLEGAL IN MALAYSIA? YOU MIGHT BE BLOWN If you were to ask someone if prostitution is illegal in Malaysia, most Malaysians would answer yes with confidence. This can be seen in the outrage of netizens over a Malaysian policeman who was seen being close to a suspected prostitute.. However, a look at our Penal Code shows that there is no actual law that explicitly says that prostitution is illegal. SRI PUTRAMAS MANAGEMENT OFFICE Sri Putramas Management Office. Ground Floor, No 1 Jalan Putramas 1, Off Jalan Kuching, 51200 Kuala Lumpur. For any other enquiries, kindly call Sri Putramas Management Office at 03-6250 8296 or via email at putramas.office@gmail.com.ASKLEGAL.MY
How Malaysian law works, simplified for the public. No lawyerspeak. Wepromise.
5 CONSUMER RIGHTS YOU DIDN'T KNOW YOU HAD IN 5. You can get a refund for rejected items. In the CPA, the refunding of money or a replacement of product is covered under sections 45 and 46 of the CPA. Usually, a consumer has to reject the goods to get a refund or a replacement. It wouldn’t make sense if you want to keep the product, and want a refund or replacement. HOW DO YOU START A SMALL CLAIMS PROCEDURE IN MALAYSIA Just follow these steps to file a claim: Go to the nearest Magistrates’ Court. See the registrar or clerk in charge and ask for Form 198 (Order 93, rule 3 (1)). Fill in the form, with all the necessary details (Order 93, rule 3 (2)), in four copies (Order 93, rule 5 (1)). State when, how and why the claim has arisen. M'SIAN LANDLORDS MAY NOT NEED TO DECLARE TAX ON Due to Covid-19, the past few months have been financially stressful for a lot of people. As many have lost their jobs and undergone massive pay cuts, the government has offered some help to make ends meet. Besides financial aid, the government has also allowed Malaysians to file their taxes a little later than the usual (the initial deadline this year was April). IF TENANTS DON'T PAY RENT, WHAT CAN MALAYSIAN Article is originally written in January 2018. Over the past few years, the Malaysia property market has gone from hot to lukewarm and, due to economic uncertainties, the property market is expected to stay flat for the next half of the year.This presents a multitude of problems for landlords, but since we aren’t a property site like Propsocial, we’ll just be focusing on one problem in WHERE DO THE SYARIAH COURTS IN MALAYSIA GET THEIR LEGAL The reason why Muslims are given “special courts” and specific areas where Islamic jurisprudence would be applied has a historical basis.Despite the colonisation of the British in Malaya, the British never intended to interfere with the powers of the Malay rulers on matters of religion and Malay custom. This practice of Muslims having their own “courts” stayed on even after independence. CAN YOU LEGALLY CARRY WEAPONS FOR SELF-DEFENCE IN Self-defence is okay – within the limits of the law. In the end, the takeaway is to make sure you don’t carry lethal weapons around if you’re not supposed to. While a parang looks right at home in a garden, we’d have a hard time explaining why we carry one in the backseat. The police have the right to stop and search you if theyfind
ARE MALAYSIAN "FAMILY TRUSTS" ONLY FOR RICH Image from youtube. “Family trust” is another phrase Malaysians hear a lot whenever there’s a rich family squabble, such as the Genting clan’s extended family dispute over who owns what. Contrary to popular belief, trusts are not something only for the rich to use. In today’s world, common folk usually use trusts for wills,charities
IF YOUR BOSS REFUSES TO PAY YOU IN MALAYSIA, WHAT CAN The Employment Act 1955 (Peninsula Malaysia only) applies to “employees” - defined as people who are earning less than RM2000 monthly. However, all is not lost. Section 69 of the Employment Act 1955 allows the Director General of Labour to settle disputes regarding wages for employees with monthly pay of up to RM5000. HAVE YOU EVER BOUGHT A HOUSE IN MALAYSIA AND HAD NO IDEA Regardless of your drive to buy a house, you would all go through (more or less) the same process. You stride into a developer’s office/ respond to an ad, view the house, fall in love with it, gush over it, and decide to buy it. You know that buying a house would definitely come with__ __ __
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DO MALAYSIAN INFLUENCERS HAVE TO PAY TAX? HERE'S HOW MALAYSIAN EMPLOYERS MIGHT BREAK THE LAW DURING THE COVID-19OUTBREAK
5个大马人对离婚常见的疑问 到底该离还是不离婚 Copyright AskLegal.MY © 2014-2018 Homepage Copyright Notice Disclaimer Privacy Policy Terms &Conditions
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