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MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can be FAQ ON THE EMPLOYMENT RETENTION PROGRAM FAQ on the Employment Retention Program. As part of the government’s PRIHATIN economic stimulus package, the Employment Retention Programme (“ERP”) was introduced as an immediate financial assistance for employees who have been instructed to take unpaid leave due to the COVID-19 pandemic. Here are some frequently asked questions about the TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a business PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck.MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can be FAQ ON THE EMPLOYMENT RETENTION PROGRAM FAQ on the Employment Retention Program. As part of the government’s PRIHATIN economic stimulus package, the Employment Retention Programme (“ERP”) was introduced as an immediate financial assistance for employees who have been instructed to take unpaid leave due to the COVID-19 pandemic. Here are some frequently asked questions about the TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a business PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. WHAT PAYMENTS ARE SUBJECT TO EPF? Under section 45 of the Employees Provident Fund Act 1991 (“EPF Act”), employers are statutorily required to contribute to the Employees Provident Fund (commonly known as the “EPF”), a social security fund established under the EPF Act to provide retirement benefits to employees working in the private sector.. The extent of the employers’ obligation to contribute is limited in 2 ways THE MOVEMENT CONTROL ORDER EFFECTS ON SALE & PURCHASE OF The spread of the COVID-19 pandemic globally has led the Malaysian government to impose the Movement Control Order (MCO) from 18 March 2020 to 28 April 2020 (with the possibility of further extension), resulting in significant adverse impact to many businesses and transactions, including the property market and ongoing propertytransactions.
GUIDE TO MALAYSIAN EMPLOYMENT LAW Yes. Under the Employment Act, an employer is required to inquire into all complaints of sexual harassment, and this regardless of whether the employee involved is an EA Employee or a Non-EA Employee. For more information about an employer’s obligations when it comes to sexual harassment complaints, please click here. CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a business PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. SETTLING AN UNFAIR DISMISSAL CLAIM The key component in any settlement of an unfair dismissal claim is the settlement sum. Many out of court settlements involve the employer making payment of a settlement sum to the employee, without any admission as to liability, in order for the employee to withdraw the claim. While some settlements may also involve reinstatement, this isin
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F IS A DATA BREACH NOTIFICATION OBLIGATION OVERDUE IN Broadly, DBN places obligations on data users to have robust breach detection, investigation, record keeping and internal reporting processes in place when a data breach arises. DBN further requires both regulators and individuals (the data subjects) to be notified by the data user of a breach of personal data within a specific timeframe, in
THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. WORKPLACE DISCRIMINATION IN MALAYSIA In response to the news concerning the ban on wearing tudung imposed by hotel owners on employees, proposals to amend the Employment Act 1955 were put forward by the Human Resources Ministry to address, among others, the issue of workplace discrimination. The ban had rightfully sparked debate about the issue of workplace discrimination, and the proposal for amendment was certainly a RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. WORKPLACE DISCRIMINATION IN MALAYSIA In response to the news concerning the ban on wearing tudung imposed by hotel owners on employees, proposals to amend the Employment Act 1955 were put forward by the Human Resources Ministry to address, among others, the issue of workplace discrimination. The ban had rightfully sparked debate about the issue of workplace discrimination, and the proposal for amendment was certainly a RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
LEGAL ARTICLES ON MALAYSIAN LAW by Donovan & Ho (BD) | May 17, 2021 | Employment Law. Annual leave is paid time off, and is often on an accrued basis. This means that the number of leave available to be applied by an employee must be earned based on the days in the year he has worked. Sometimes, this annual leave is not used by the employee, and CONDUCTING COURT PROCEEDINGS REMOTELY IN MALAYSIA We previously wrote about the validity of online hearings during the MCO in our article here.. Given the increasing number of remote hearings being conducted in the recent months, the office of the Chief Justice in the Federal Court of Malaysia issued a circular on 07 January 2021 to set out certain procedures and guidelines regarding conducting civil proceedings through a remote communication FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. GUIDE TO MALAYSIAN TAX APPEAL PROCEDURE The taxpayer may appeal to the High Court and Court of Appeal if it disagrees with the decision of the SCIT. Generally, when the Form Q is forwarded to SCIT, the SCIT will fix dates for the parties (the taxpayer and the IRB) to file pleadings and eventually set the matter for a hearing. Do consult a qualified lawyer and/or a tax agent to COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme INTRODUCTION TO TRANSFER PRICING Introduction to Transfer Pricing for Malaysian Companies & Startups with Presence in Different Countries. What is Transfer Pricing? Transfer pricing generally refers to inter-company pricing arrangements for the transfer of goods, services and intangibles between ‘associated persons’. EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person.Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. WHY YOU NEED A DISPUTE RESOLUTION CLAUSE You could end up having to resolve your disputes in a foreign country, which has various tactical, logistical and costs disadvantages. As a consequence of these undesirable outcomes of a badly drafted clause, you could be spending a lot of time and legal fees in trying to challenge the enforceability of the dispute resolution clause. 5 THINGS YOU SHOULD KNOW ABOUT PROBATIONERS IN MALAYSIA With regard to work performance, the probationer is assessed in 3 broad aspects: – (1) Inefficiency; (2) Incompetence and (3) Ineptitude. ( Samsuddin Mat Amin v. Austral Enterprises Berhad ) In a nutshell, the test is “ whether the probationer possesses the right skill, competence, temperament, aptitude, attitude andMALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. WORKPLACE DISCRIMINATION IN MALAYSIA In response to the news concerning the ban on wearing tudung imposed by hotel owners on employees, proposals to amend the Employment Act 1955 were put forward by the Human Resources Ministry to address, among others, the issue of workplace discrimination. The ban had rightfully sparked debate about the issue of workplace discrimination, and the proposal for amendment was certainly a RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. WORKPLACE DISCRIMINATION IN MALAYSIA In response to the news concerning the ban on wearing tudung imposed by hotel owners on employees, proposals to amend the Employment Act 1955 were put forward by the Human Resources Ministry to address, among others, the issue of workplace discrimination. The ban had rightfully sparked debate about the issue of workplace discrimination, and the proposal for amendment was certainly a RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). WHAT PAYMENTS ARE SUBJECT TO EPF? In this case, the court held that payments described as “reimbursement” or “travel allowance” that were paid to the employee for trips he made while working in the company as a driver were in fact incentives that are covered under the EPF Act and were subject to EPF contributions. Thus, notwithstanding the labels thatused to describe
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
LEGAL ARTICLES ON MALAYSIAN LAW by Donovan & Ho (BD) | May 17, 2021 | Employment Law. Annual leave is paid time off, and is often on an accrued basis. This means that the number of leave available to be applied by an employee must be earned based on the days in the year he has worked. Sometimes, this annual leave is not used by the employee, and CONDUCTING COURT PROCEEDINGS REMOTELY IN MALAYSIA We previously wrote about the validity of online hearings during the MCO in our article here.. Given the increasing number of remote hearings being conducted in the recent months, the office of the Chief Justice in the Federal Court of Malaysia issued a circular on 07 January 2021 to set out certain procedures and guidelines regarding conducting civil proceedings through a remote communication FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. GUIDE TO MALAYSIAN TAX APPEAL PROCEDURE The taxpayer may appeal to the High Court and Court of Appeal if it disagrees with the decision of the SCIT. Generally, when the Form Q is forwarded to SCIT, the SCIT will fix dates for the parties (the taxpayer and the IRB) to file pleadings and eventually set the matter for a hearing. Do consult a qualified lawyer and/or a tax agent to COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme INTRODUCTION TO TRANSFER PRICING Introduction to Transfer Pricing for Malaysian Companies & Startups with Presence in Different Countries. What is Transfer Pricing? Transfer pricing generally refers to inter-company pricing arrangements for the transfer of goods, services and intangibles between ‘associated persons’. EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person.Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. WHY YOU NEED A DISPUTE RESOLUTION CLAUSE You could end up having to resolve your disputes in a foreign country, which has various tactical, logistical and costs disadvantages. As a consequence of these undesirable outcomes of a badly drafted clause, you could be spending a lot of time and legal fees in trying to challenge the enforceability of the dispute resolution clause. 5 THINGS YOU SHOULD KNOW ABOUT PROBATIONERS IN MALAYSIA With regard to work performance, the probationer is assessed in 3 broad aspects: – (1) Inefficiency; (2) Incompetence and (3) Ineptitude. ( Samsuddin Mat Amin v. Austral Enterprises Berhad ) In a nutshell, the test is “ whether the probationer possesses the right skill, competence, temperament, aptitude, attitude andMALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can be TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
MALAYSIA LAW FIRM
Tax Advisory. We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business. Donovan & Ho has been consistently recognised by external publications and rankings as a leading Malaysian law firm in our areasof practice.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can be TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form RIGHTS OF PART-TIMERS Not less than 15 days. More than 5 years. Holidays. Part-time EA-employees are entitled to not less than 7 of the gazetted public holidays and any holidays declared under the Holidays Act. Of the 7 gazetted holidays, 4 of them shall be: (i) the National Day; (ii) the Birthday of the Yang di-Pertuan Agong; (iii) the Birthday of the Ruleror the
COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable THE DIFFERENCE BETWEEN JOINT AND SINGLE DIVORCE PETITIONS The Difference Between Joint and Single Divorce Petitions. In Malaysia, a non-Muslim divorce is governed by the Law Reform (Marriage and Divorce) Act 1976 (“ LRA 1976” ). There are two types of divorce petitions under the LRA 1976 namely a single petition and joint petition. Although both proceedings aim to achieve similarobjectives
CONDUCTING COURT PROCEEDINGS REMOTELY IN MALAYSIA We previously wrote about the validity of online hearings during the MCO in our article here.. Given the increasing number of remote hearings being conducted in the recent months, the office of the Chief Justice in the Federal Court of Malaysia issued a circular on 07 January 2021 to set out certain procedures and guidelines regarding conducting civil proceedings through a remote communicationUPCOMING EVENTS
Donovan & Ho 15-2 Oval Damansara 685 Jalan Damansara 60000 Kuala Lumpur. T: +603 2856 9728 F: +603 2726 2725 E: info@dnh.com.my THE MOVEMENT CONTROL ORDER EFFECTS ON SALE & PURCHASE OF The spread of the COVID-19 pandemic globally has led the Malaysian government to impose the Movement Control Order (MCO) from 18 March 2020 to 28 April 2020 (with the possibility of further extension), resulting in significant adverse impact to many businesses and transactions, including the property market and ongoing propertytransactions.
WORKPLACE DISCRIMINATION IN MALAYSIA In response to the news concerning the ban on wearing tudung imposed by hotel owners on employees, proposals to amend the Employment Act 1955 were put forward by the Human Resources Ministry to address, among others, the issue of workplace discrimination. The ban had rightfully sparked debate about the issue of workplace discrimination, and the proposal for amendment was certainly a EMPLOYEES WHO RESIGN WITHOUT NOTICE An employer has two options to recover payment in lieu of notice from their errant employees, i.e: through the Labour Court, or the Civil Court. This depends on the amount of the employee’s monthly salary: Does not exceed RM 5,000.00 (Labour Court); and. Exceeds RM 5,000.00 (Civil Action in Civil Court). CASE SPOTLIGHT: NON-PHYSICAL SEXUAL HARASSMENT Sexual harassment under the Employment Act 1955 is defined as “any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.”. It is a serious misconduct andshould
EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a businessDISPUTE RESOLUTION
The Strata Management Tribunal (“Tribunal”) is a body established under the Strata Management Act 2013 (“Act’) to hear and decide on certain matters relating to stratified properties. SETTLING AN UNFAIR DISMISSAL CLAIM The key component in any settlement of an unfair dismissal claim is the settlement sum. Many out of court settlements involve the employer making payment of a settlement sum to the employee, without any admission as to liability, in order for the employee to withdraw the claim. While some settlements may also involve reinstatement, this isin
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Law firm in Kuala Lumpur, Malaysia handling employment law, dispute resolution & corporate work. E-mail us at info@dnh.com.my forconsultation.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can beEMPLOYMENT LAW
Amendments to the Employees Provident Fund Act 1991. by Donovan & Ho (BD) | Jan 9, 2020 | Employment Law. On 18.12.2019, Parliament passed a bill to amend certain provisions of the Employees Provident Fund Act 1991 (“EPF Act”), which will come into operation on a date to be appointed by the Minister of Finance by notification in the Gazette. TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form SETTLING AN UNFAIR DISMISSAL CLAIM The key component in any settlement of an unfair dismissal claim is the settlement sum. Many out of court settlements involve the employer making payment of a settlement sum to the employee, without any admission as to liability, in order for the employee to withdraw the claim. While some settlements may also involve reinstatement, this isin
CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a business PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F WHAT ARE BACKWAGES IN MALAYSIAN LABOUR LAW? One of the most frequent questions posed by many individuals seeking redress in the Industrial Court concerns the possible remedies that are available to them after a long, hard legal battle. These remedies are typically: Reinstatement and backwages; or Compensation in lieu ofreinstatement,
MALAYSIA LAW FIRM
Law firm in Kuala Lumpur, Malaysia handling employment law, dispute resolution & corporate work. E-mail us at info@dnh.com.my forconsultation.
FOREIGNERS INVESTING IN MALAYSIAN PROPERTY Foreign purchasers searching for Malaysian investment property: Thresholds and restrictions for property in Kuala Lumpur and Selangor (updated for the year 2020) There has been a recent influx of interest in Malaysian properties by foreign property investors with the emergence of some bargain hunting opportunities in Malaysia’s still soft property market. DOMESTIC INQUIRY MALAYSIA A domestic inquiry may help employers determine whether a misconduct was committed. Under Malaysian law, where an employee is subject to the Employment Act 1955 (“ Act ”), it is a statutory obligation imposed on the employer to conduct a “ due inquiry ” to ascertain whether an employee is guilty of misconduct before an employee can beEMPLOYMENT LAW
Amendments to the Employees Provident Fund Act 1991. by Donovan & Ho (BD) | Jan 9, 2020 | Employment Law. On 18.12.2019, Parliament passed a bill to amend certain provisions of the Employees Provident Fund Act 1991 (“EPF Act”), which will come into operation on a date to be appointed by the Minister of Finance by notification in the Gazette. TRANSFER OF EMPLOYEES IN MALAYSIA Employers are generally understood to have managerial prerogative to transfer its employees. When the prerogative is exercised, it is typically for reasons relating to business efficacy, and in other times, it could sometimes be exercised as a form SETTLING AN UNFAIR DISMISSAL CLAIM The key component in any settlement of an unfair dismissal claim is the settlement sum. Many out of court settlements involve the employer making payment of a settlement sum to the employee, without any admission as to liability, in order for the employee to withdraw the claim. While some settlements may also involve reinstatement, this isin
CORPORATE LIABILITY FOR CORRUPTION: WHAT SHOULD HR DO The Malaysian Anti-Corruption Commission’s (MACC) corporate liability law will come into force on 1 June 2020. Under the new Section 17A of the MACC Act 2009 (“Act”), a commercial organisation can be charged with a criminal offence if a person associated with it corruptly gives, offers or promises any gratification to any person with an intent to obtain or retain business or a business PRE-NUPTIAL AGREEMENTS IN MALAYSIA The awareness on the importance of a pre-nuptial or pre-marital agreement (colloquially referred to as a “prenup”) in Malaysia is relatively low, as it is felt as a sign of mistrust between two people who are going to embark on life’s journey together as husband and wife.There are also those who feel that it would be bad luck. AMENDMENTS TO THE CHILDREN AND YOUNG PERSONS (EMPLOYMENT The Children and Young Persons (Employment) Act 1966 (“Act”) was passed to regulate any labour of a child or young person. Under the Act, a “child” is a person who is under the age of fifteen years and a “young person” is a person who is fifteen or older, but below the age of eighteen years. On 1 F WHAT ARE BACKWAGES IN MALAYSIAN LABOUR LAW? One of the most frequent questions posed by many individuals seeking redress in the Industrial Court concerns the possible remedies that are available to them after a long, hard legal battle. These remedies are typically: Reinstatement and backwages; or Compensation in lieu ofreinstatement,
WHAT PAYMENTS ARE SUBJECT TO EPF? Under section 45 of the Employees Provident Fund Act 1991 (“EPF Act”), employers are statutorily required to contribute to the Employees Provident Fund (commonly known as the “EPF”), a social security fund established under the EPF Act to provide retirement benefits to employees working in the private sector.. The extent of the employers’ obligation to contribute is limited in 2 ways INTRODUCTION TO TRANSFER PRICING Introduction to Transfer Pricing for Malaysian Companies & Startups with Presence in Different Countries. What is Transfer Pricing? Transfer pricing generally refers to inter-company pricing arrangements for the transfer of goods, services and intangibles between ‘associated persons’. COVID-19: WHAT IS A LAY-OFF? In the current economic climate, words like “retrenchment”, “downsizing” and “lay-off” are becoming part of our daily vernacular. Sometimes, these phrases are used interchangeably, although the concept of a “lay-off” is legally distinct from a retrenchment. What is a lay-off? Under the Employme PRE-ACTION DISCOVERY Address. Donovan & Ho, 15-2 Oval Damansara 685 Jalan Damansara 60000 Kuala Lumpur. T: +603 2856 9728 F: +603 2726 2725 E-mail:info@dnh.com.my
SETTLING AN UNFAIR DISMISSAL CLAIM The key component in any settlement of an unfair dismissal claim is the settlement sum. Many out of court settlements involve the employer making payment of a settlement sum to the employee, without any admission as to liability, in order for the employee to withdraw the claim. While some settlements may also involve reinstatement, this isin
RIGHTS OF PART-TIMERS Rights of Part-Timers. Part-time employees are defined under the Employment Act 1955 ( “Employment Ac t”) as employees whose average hours of work per week are between 30% -70% of the normal hours of work per week of a full-time employee employed in a similar capacity in the same enterprise. What is “normal hours of work”? FRANCHISING AND LICENSING IN MALAYSIA: WHAT'S THE In the highly publicised Chatime-Tealive dispute, it was alleged that the Chatime franchisee used raw materials that were not approved by the franchisor under the franchising agreement. Franchising in Malaysia is heavily regulated by the Franchise Act 1998 (“Franchise Act”), which is subsequently amended by the Franchise (Amendment) Act 2012.. The Franchise Act regulates various EMERGENCY LEAVE IN MALAYSIA In such a case employees are allowed to take what is commonly known as “ emergency leave ”, but not without a caveat: The employee must have a reasonable excuse for his absence; and. The employee must have informed or attempted to inform the employer of such excuse prior to or at the earliest opportunity during such absence.DISPUTE RESOLUTION
The Strata Management Tribunal (“Tribunal”) is a body established under the Strata Management Act 2013 (“Act’) to hear and decide on certain matters relating to stratified properties. EMPLOYEES WITH MEDICAL CONDITIONS: MEDICAL BOARD OUTS IN If the employee’s medical condition is severe enough with little prospects of recovery, the employer may feel like they have no choice but to terminate the employee on medical grounds. The process in which this is done is commonly known as a “medical board out”. While the law recognises that employers cannot be expected to go unreasonable* Home
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CORPORATE & COMMERCIAL Our lawyers have a strong commercially driven mindset and advise both businesses and investors on shareholders’ agreements, terms of service, general contracts, employee stock options, personal data protection, mergers and acquisitions. EMPLOYMENT & INDUSTRIAL RELATIONS We advise both employers and employees on employment contracts, compliance with employment legislation, termination, management of employees, unfair dismissal claims and constructive dismissal issues. Our lawyers are able to represent you in the Industrial Court.DISPUTE RESOLUTION
We provide practical legal advice in disputes to protect your interests, and can represent you in litigation before the Malaysian Courts. Our lawyers are experienced in alternative dispute resolution methods such as arbitration (both domestic and international) and can assist you in settlement negotiations. PROPERTY & CONVEYANCING Our firm will ensure that your property transaction, whether buying or selling, completes smoothly and efficiently. You will be kept updatedall the way.
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We provide Goods and Services Tax (GST) and Real Property Gains Tax (RPGT) planning which could save you money. We also advise on stamp duty and taxes that may be applicable to your business.MEET THE TEAM
Our team is dedicated to providing relevant and effective legal services. We are sensitive to your needs and place your interests first above everything.DONOVAN CHEAH
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•Commercial Litigation •Arbitration •Employment Advisory •Employment LitigationSHAWN HO
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•Corporate Advisory •Mergers and Acquisitions •Startups •Real Estate and Conveyancing •Real Estate Related Tax Planning Meet The Rest Of The Team DONOVAN & HO HAS BEEN CONSISTENTLY RECOGNISED BY EXTERNAL PUBLICATIONS AND RANKINGS AS A LEADING FIRM IN OUR AREAS OF PRACTICE. DON’T JUSTHEAR IT FROM US:
PRACTICAL, ATTENTIVE AND ABLE TO OFFER BALANCED ADVICE. BROUGHT TO THE TABLE EXPERIENCE WITH OTHER CLIENTS THAT WAS RELEVANT… THEY ARE CUSTOMER-ORIENTED AND ABLE TO PRE-EMPT CONCERNS. THEIR STRENGTHS ARE THEIR KNOWLEDGE IN THE FIELD AND TO IDENTIFYRISKS…
PROFESSIONAL AND METICULOUS. THE PARTNER INVOLVED WAS ABLE TO RELATE TO THE WORK AT HAND WITH GOOD BUSINESS SENSE. _ASIALAW PROFILES 2019_ “(SPECIALISING) IN EMPLOYMENT LITIGATION… THE TEAM IS WINNING PLAUDITS FROM THE MARKET FOR ITS LABOUR EXPERTISE AND IS QUICKLY CLIMBING THE RANKS AS A GO-TO FIRM FOR THESE MATTERS.” _BENCHMARK LITIGATION 2018_ Read More Testimonials CASE SPOTLIGHT: PREGNANCY DISCRIMINATION & CONSTRUCTIVE DISMISSAL by Donovan & Ho (BD) | November 4, 2019 | Employment Law| 0 Comments
Constructive dismissal is always easy to allege but not easy to prove in Court. The burden to prove a constructive dismissal claim lies on the employee and the Courts would usually apply a strict test for a constructive dismissal claim to succeed. Recently, the firm... ReadMore
#BUDGET2020: HIGHLIGHTS ON PROPERTY & REAL ESTATE by Donovan & Ho (BD) | October 29, 2019 | Real Estate |0 Comments
Real estate, being an important part of the economy, was as expected, included in the government’s policy in “Driving Growth and Equitable Outcomes Towards Shared Prosperity” (the theme for budget 2020). From the list of initiatives and changes announced by the...Read More
CASE SPOTLIGHT: FEDERAL COURT RULES THAT CIPAA ONLY APPLIES TO CONSTRUCTION CONTRACTS ENTERED AFTER 15.4.2014 by Donovan & Ho (BD) | October 21, 2019 | Dispute Resolution| 0 Comments
On 16 October 2019, the Federal Court in Jack-In-Pile (M) Sdn Bhd v Bauer (Malaysia) Sdn Bhd (“Bauer case”) ruled that the Construction Industry Payment and Adjudication Act (“CIPAA”), and the adjudication mechanism... Read MorePreviousNext
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