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  • Video

    Video: Unfair Dismissal In Malaysia

    As part of our continuing campaign to share our knowledge on legal matters, we have prepared another video in our 2 minute video series to cover basic information about unfair dismissal in Malaysia.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    The Secret Ballot Process In Union Recognition

    A trade union has to be recognised before it can bargain with the employer.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    The Right To Ang Pow

    Agnes Ann was a secretary at one of the top advertising agencies in Kuala Lumpur. One day in late February, she walked out of her job.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Are Loan Interest Expenses Deductible?

    When businesses secure loans to support their operations and growth, the interest paid on these loans is often considered a necessary cost. Are these interest expenses tax-deductible as business...
    MalaysiaTax
    Donovan & Ho
    Donovan & Ho
  • Article

    Settlement Discussions Are Inadmissible In Judicial Review

    The High Court held that settlement offers (and their rejections) are inadmissible as evidence, if those settlement discussions took place while conciliation proceedings were still ongoing.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Should You Accept Ang Pow From Suppliers?

    During Chinese New Year, it is customary to give and receive "ang pow" or "hong bao" (monetary gifts in red envelopes to signify good luck).
    MalaysiaCorporate/Commercial Law
    Donovan & Ho
    Donovan & Ho
  • Article

    A Weapon At The Office

    A knuckleduster is a weapon designed to be worn around the knuckles, to be used in hand-to-hand combat.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Case Spotlight – Pandemic Not An Excuse To Avoid Work

    In the wake of the global pandemic, workplaces faced unprecedented disruptions. One such challenge was managing emergency leave due to the pandemic due to lockdowns, restrictions in movements, and the rise of remote working.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    No Praise For Appraisals: How Should We Manage Performance Evaluations?

    If there is any common ground between employees and employers, it is that both of them usually hate annual performance reviews.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Starting A New Job = Abandoning Employment?

    What are the implications when an employee embarks on a new job with a different employer without formally resigning from their existing position?
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    5 Things To Know On The Tax Deductibility Of Business Expenditures

    If you are a business owner in Malaysia, it is important to understand which business expenditures are eligible for tax deductions.
    MalaysiaTax
    Donovan & Ho
    Donovan & Ho
  • Article

    Why You Should Never Skip Legal Due Diligence In An M&A Transaction

    What flashes through your mind when you hear the phrase "due diligence"? And what does "due diligence" really mean in the context of a merger & acquisition ("M&A")?
    MalaysiaCorporate/Commercial Law
    Donovan & Ho
    Donovan & Ho
  • Article

    Case Spotlight – Rejection Of Reinstatement

    In unfair dismissal claims, the primary remedy is reinstatement. While it is generally rare for an employer to offer reinstatement to a recently dismissed employee, there are still some reported instances where employers do make such offers.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Unfair Dismissal Claims Against Wound-Up Employers

    What happens if an employer is wound-up before an unfair dismissal claim against it can be completed?
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Red Flags When Using Independent Contractors

    Independent contractors have become an integral part of modern business operations, offering flexibility and specialized skills that can enhance a company's capabilities.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Proposed Amendments To Malaysia's Companies Act 2016 – Enhancing Transparency On Beneficial Ownership

    In an effort to improve Malaysia's corporate legal framework, a series of amendments to the Companies Act 2016 have been proposed by the Companies Commission of Malaysia ("CCM").
    MalaysiaCorporate/Commercial Law
    Donovan & Ho
    Donovan & Ho
  • Article

    Best Practices For A Domestic Inquiry

    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 dismissed or before any other major penalty is imposed (See: Section 14(1) of the Act).
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho
  • Article

    Case Spotlight: Timeline For Adjudication Is Based On Location Of The Project Site

    Adjudication under the Construction Industry Payment and Adjudication Act 2012 has strict timelines to be complied with and that is the one main purposes of this dispute resolution mechanism–speed.
    MalaysiaReal Estate and Construction
    Donovan & Ho
    Donovan & Ho
  • Article

    How Much Should I Capitalise My Company – At Rm2 Or Rm100,000?

    In considering which business vehicle to use in Malaysia, the feature of a limited liability in a private limited company appeals to many.
    MalaysiaCorporate/Commercial Law
    Donovan & Ho
    Donovan & Ho
  • Article

    Common Issues In Unfair Dismissal Claims When Acting For The Employer

    In the complex realm of employment law, unfair dismissal claims can be a challenging battleground for both employers and employees.
    MalaysiaEmployment and HR
    Donovan & Ho
    Donovan & Ho

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