EMPLOYMENT LAW
Our employment law and industrial relations practice covers advice for both employers and employees. We specialise in employment contracts, compliance with employment legislation, termination, employee management, unfair dismissal claims, constructive dismissal issues, and more. Our capable lawyers will also represent you in the Industrial Court and High Court if needed.
WHAT WE DO
Employment Contract & Employee Benefits
Employee Handbook & Human Resource Policy
Settlement of Disputes Between Employers & Employees
Unfair Termination, Constructive Dismissal, Wrongful Dismissal
Representation in the Industrial Court & High Court
Judical Review Proceedings
Managing Employee Issues & Termination
Retrenchment Exercise & Restructuring
Contracts for Independent Contractors & Freelancers
Founders Service Contracts
Employee Stock Options
ACCOLADES
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022
Suggested articles
Probation and Probationers in Malaysia
FAQ about Probationers The concept of probationary periods for new employees has become an integral part of the onboarding process. When an employee starts a new job, there is often a probation which functions as a “trial period”. Although the word “probation” or...
Case Spotlight: When Does A Transfer Amount to Constructive Dismissal?
In CIMB Bank Berhad v Ahmad Suhairi Bin Mat Ali & Anor [2023] 1 LNS 1698, the Court of Appeal clarified what amounts to constructive dismissal, and whether the employee’s delay in resigning was fatal to his case. Brief Facts The Employee who had been with the...
Case Spotlight: Communicating Sick Leave and Producing MCs
In the Industrial Court case of Shanthini Parmasivam v. Oakbridge International School [2023] 2 ILR 626, the prolonged absence of an employee due to illness and failure to promptly provide medical certificates (MCs) was held to warrant dismissal. This was...
Need Reliable Legal Advice?
Reach out to us. We are ready to help.
What We Do
We help businesses succeed. It can be challenging to navigate the complex and ever-changing world of business without a legal advisor at your side to implement strategic plans and safeguard against downside risks.
Through our frequent and direct interactions with business leaders, owners, and entrepreneurs, our corporate lawyers are trained to be commercially minded, adept at anticipating legal problems, and present pragmatic solutions. We do not shy away from numbers, math, or cap tables. We strive to be not just your lawyer, but also your trusted advisor.
Our corporate team handles corporate transactions, advisory and compliance matters such as:
Market Entry/Startups
- Selecting and capital structuring of the business entity
- Advising on regulatory requirements, licences and tax incentives
- Issuing written legal opinions for market entry
- Key startup legal documents: Founders agreements, shareholder agreements, employment contracts and handbook, website terms, privacy policy
- Connecting with reliable, professional service providers
Corporate Transactions
- Legal due diligence (for acquisition or compliance purposes)
- Legal opinions (for local or foreign purposes)
- Private M&A: Sale and purchase of shares or business assets
- Joint ventures: Incorporated and unincorporated
- Private angel & VC fundraising: preference shares, SAFEs, convertible notes
- Corporate restructuring: Share swaps, preference share issues, nominee structures
- Removal of directors
Commercial Agreements
- Joint venture and shareholders’ agreements
- Distributorship, agency, supply of goods and services, rent-to-own agreements
- Website terms of use, privacy and cookie policies
- Software agreements: SAAS, software development, service level agreements
- Licensing agreements: business expansion and brand licences
- Nominee and trust agreements
- Employee share option plans, share appreciation rights plans
Corporate Governance
- Anti-corruption protection & whistleblowing policy
- Personal data protection audit and compliance
- Corporate governance and directors’ duties
- Environment, Social and Governance (ESG)
- Corporate training
Real Estate
- Commercial leases and tenancies
- Acquisition and disposal of commercial, industrial, and agricultural property
- Joint ventures and private investment structures
- Stamp duty, real property gains tax and tax exemptions
How We Do It
Advising With A Commercial Mindset
We believe that providing pragmatic, proportionate and precise legal advice is vital to our clients’ ability to make decisions and, ultimately, for their business success. We invest time to fully understand the commercial context and challenges before recommending any course of action or documentation. We seek a win-win outcome in all contractual negotiations, while prioritizing key issues that truly matter to our clients. We maintain close working relationships with other professional advisors as they broaden our perspectives beyond just legal knowledge.
Your Strategic Transactions Advisor
Our approach to transactions is practical and collaborative. Our negotiation style is resolution-focused (not dispute-focused), evenly measured and always calm. We avoid unnecessary legal documentation and confusing legalese. We pledge to help you understand the big picture, the steps involved, and to keep you informed about the progress and timelines. We work tirelessly to achieve your strategic and commercial objectives.
Legal Compliance Done Right
We recognize that every client’s situation and risk profile is unique. We work closely with our clients to create customized legal policies, best practices and engaging training that suit their resources, and manage their risks while always ensuring that they are kept within the boundaries of the ever-changing laws.
Ultimately, our goal is to provide our clients with peace of mind. By applying our expertise to take care of their legal compliance needs, we enable them to focus on running their businesses and pursuing their commercial goals.
Some of Our
Best Work
Notable Transactions
- Representing an Australian software company in its acquisition of a local target in exchange for equity shares (merger via a share swap) in the acquirer’s Malaysian subsidiary. This transaction involved parties negotiating detailed intellectual property clauses, considering complex stamp duty issues, and advising on preference shares.
- Planning the corporate structure for a Norwegian global oil service company in Malaysian subsidiary set up. Advising on minority protections in its joint venture with a local shareholder.
- Advising a Korean conglomerate as the majority investor in a mobility startup in its Series B round raising $50m led by Korean private equity funds. Addressed cross border issues from a Malaysian law perspective, including foreign equity requirements, company law and exchange control rules.
- Advising China’s video streaming and digital content sharing giant on the advertising laws for the creation and curation of content within Malaysia as well as on gaming laws and the licensing requirements on digital currencies in Malaysia.
Other Articles
The Cornerstone of a M&A Journey: Going Beyond the Basic Terms of a Term Sheet
The initial stages of a Merger and Acquisition (“M&A”) often involve parties trying to establish a meeting of minds on essential commercial...
How ESG Trends and Laws Will Impact Early-Stage Fundraising for Malaysian Start-ups and SMEs
In Malaysia's dynamic business landscape, Start-ups and Small-Medium Enterprises (SMEs) continue to be pivotal contributors to the nation's economic...
Proposed Amendments to Malaysia’s Companies Act 2016 – Enhancing Transparency on Beneficial Ownership
Introduction In an effort to improve Malaysia's corporate legal framework, a series of amendments to the Companies Act 2016 have been proposed by...
Need Reliable Legal Advice?
Reach out to us. We are ready to help.