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 […]
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, […]
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 […]
Navigating The Malaysian Personal Data Protection (Amendment) Act 2024: Key Changes, Implications, And Implications For Businesses
A. Introduction The Malaysian Personal Data Protection (Amendment) Act 2024 (“Amendment Act”) introduces significant changes to Malaysia’s data protection framework under the Personal Data Protection Act 2010 (“PDPA”). The Amendment Act is enacted to address emerging challenges in data privacy, cybersecurity, and cross-border data transfers and aligning it with the European Union’s General Data Protection […]
The Johor-Singapore Special Economic Zone (JS-SEZ)
On 11 January 2024, a Memorandum of Understanding (MOU) was signed between the Singapore Minister for Trade and Industry and Malaysia’s Minister of Economic Affairs, marking the inception of the Johor-Singapore Special Economic Zone (JS-SEZ). Modelled after China’s Shenzhen Special Economic Zone, this initiative aims to enhance trade, connectivity, and economic synergy between Malaysia and […]
