Navigating Tariffs: Contractual and Tariffs-Related Safeguards
A. Introduction On 2 April 2025, U.S. President Donald J. Trump invoked his authority under the International Emergency Economic Powers Act of 1977 (“IEEPA”), implementing new tariffs on imports into the United States as follows: 1. A 10% baseline tariff on all imports (excluding those from Canada and Mexico), effective 5 April 2025. 2. Reciprocal […]
Fixed-Term Contracts: A Double-Edged Sword For Employers In Malaysia
In Malaysia, fixed-term contracts are often perceived as a flexible mechanism for managing staffing needs. However, the legal framework surrounding such agreements is far from straightforward. This article delves into the key considerations for employers, highlighting how the misuse of fixed-term contracts may inadvertently create a permanent employment relationship, with potential exposure to unfair dismissal […]
Navigating Employment Law: What Employers Need to Know
Understanding Employment Law in Malaysia is crucial for every employer operating in the country. Whether you are a new business owner or a well-established company, it is important to ensure that your practices align with Malaysian legal standards. From hiring the right employees to managing rights and responsibilities throughout their tenure, there are key legal […]
The Importance of Contract Law in Business Transactions
Although trust is a critical element in business relationships, legally enforceable agreements represent an even more fundamental requirement. Businesses, whether in their nascent stages, undergoing expansion, or managing established partnerships, must possess a strong understanding of contract law governing commercial transactions to ensure operational efficacy. TSL Malaysia assists organizations in navigating the complexities of these […]
Successfully Resisted Jurisdictional Challenge
Work Highlight Our Partners, Chuck Siew Ka Wai and Tan Soo Yew had successfully represented a Singapore global provider for a subsea solutions company (“Client”) in resisting an application by the Defendant that sought to set aside a suit initiated by our Client, in the High Court of Malaya in Terengganu. The application was filed […]
Dismiss Now, Explain Later? Not On The Court’s Watch
In Malaysia, the right to terminate employment is not unfettered, even where the employment contract provides for termination with notice. It is a common but dangerous misconception among employers that they may dismiss employees without assigning any reason, so long as contractual notice is given. However, under Section 20 of the Industrial Relations Act 1967, […]
Understanding Your Rights: A Legal Guide for Small Business Owners
Starting and running a small business is exciting, but it also comes with its share of legal hurdles. Whether you’re registering your first business, hiring employees, or signing vendor contracts, understanding your legal rights is crucial. This legal guide for small business owners will take you through common legal issues and how to handle them, […]
Overview Of Adjudication Process In Malaysia Under The Construction Industry Payment And Adjudication Act 2012 (CIPAA) – Resolving A Construction Claim Within 100 Days (Part 1)
A. Introduction to Adjudication under the Construction Industry Payment and Adjudication Act 2012 The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) is a legal framework in Malaysia designed to provide a mechanism for speedy dispute resolution through adjudication, alleviate payment problems that presently prevails pervasively which stifles cash flow in the construction industry, and […]
Defamed Or Defend: Understanding Defamation Law In Malaysia
An overview of what constitutes defamation, the available legal defences, and the role of the law in safeguarding reputations. A. Introduction Freedom of speech is a fundamental liberty guaranteed by Article 10 the Constitution of Malaysia. However, this freedom is not absolute as it does not extend to the freedom to defame and tarnish the […]
When U.S Tariffs Bite: How Malaysian Employers Can Respond Strategically
The global trading landscape shifted dramatically in April 2025, with the United States announcing sweeping new tariffs. For Malaysian businesses, the ripple effect may be felt not just in profit margins, but in employment decisions. This article explores how employers can respond lawfully and strategically. A. Introduction On 2 April 2025, the United States announced […]
