Human Capital

Our practice in this area has in-depth knowledge of the laws surrounding employment issues. Recognised as a market leader in this field by a number of prominent legal publications, the advice of our lawyers are constantly sought by local and multi-national companies for a wide spectrum of employment matters, including during a merger or reorganisation exercise, or reviewing internal human resource policies, or advising on incentive schemes, recruitments and terminations, dismissals and discrimination, disciplinary issues, union issues or general compliance with employment laws. Our work in this area also extends to representing clients in the Malaysian courts for any contentious employment matters. The broad experience of our lawyers enables us to offer clients swift, practical and commercially viable solutions and advice on employment law issues.

• Mergers & Reorganisations: When taking on employment issues in the face of mergers, acquisitions, business reorganizations, outsourcing and the introduction of new processes or methods, the drafting of legal documentation is only one part of a delicate equation. Our experienced team also assists clients with the other equally important part, namely the method of delivery and appropriate communication strategy for voluntary separation schemes, workforce reductions or transfers of employees so that transitions as smoothly and seamlessly as possible. Our experience includes being the preferred advisors for some of the largest restructuring or acquisitions in Malaysia extending to sectors such as banking and finance, oil and gas and transportation.
• Contracts of Employment and HR Policies: Our work extends to advising employers on their rights and obligations and also their employees’ rights when drafting employment and confidentiality contracts, or when reviewing existing employment contracts, HR policies, Code of Ethics and employee handbooks to ensure compliance with local legislation.
• Performance / Disciplinary Issues: Our team is well equipped to assist and to advise employers on how best to manage errant employees in a fair and just manner. They are able to guide employers through an inquiry process from the start to the end, including drafting show cause letters or advising on a performance improvement process that may best suit the circumstance.
• Unionised Workplaces: The breadth of our experience allows our team to assist employers faced with a union campaign at the workplace, or who have been served with a claim for recognition from a trade union, or threatened with industrial action or simply learnt that employees are planning to picket. We can also advise when negotiating collective agreements with trade unions, as well as assist in the drafting of such agreements.
• Contentious disputes: When an employer is confronted with unjust dismissal claims or trade disputes, our highly experienced team formulates approaches and arguments that are sensible and pragmatic. Well known as an “employer counsel” in the market, our team provides sound advice and representation at the Industrial Court and any review or appellate processes that follow.