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Case Spotlight: Remuneration of Independent Non-Executive Director Not Subject to Employment Income Tax

Case Spotlight: Remuneration of Independent Non-Executive Director Not Subject to Employment Income Tax

by DNH (BD) | Jan 10, 2025 | Employment Law

Gains or profits made from employment are subject to income tax payments under section 4(b) of the Income Tax Act 1967 (“ITA 1967”).  However, does this requirement also apply to remuneration of independent non-executive directors?   Recently, the High Court had to...
Case Spotlight: Non-Deposit of Agreements with Trade Unions at the Industrial Court

Case Spotlight: Non-Deposit of Agreements with Trade Unions at the Industrial Court

by DNH (BD) | Dec 18, 2024 | Employment Law

Once a collective agreement is signed between the employer and the trade union, section 16 of the Industrial Relations Act 1967 (“IRA 1967”) requires parties to jointly deposit such agreement with the Industrial Court for the purposes of cognizance.  However, does...
Case Spotlight: Voluntary Separation Scheme or Unfair Dismissal?

Case Spotlight: Voluntary Separation Scheme or Unfair Dismissal?

by DNH (BD) | Dec 11, 2024 | Employment Law

In Tan Chin Lin v. Seagate Global Business Services (Malaysia) Sdn Bhd  [2023] MELRU 2260, the Industrial Court of Malaysia was tasked with determining whether the Claimant had been unfairly dismissed or had voluntarily ended his employment through the company’s...
Case Update – Unfair Dismissal Claims Against Wound-Up Employers

Case Update – Unfair Dismissal Claims Against Wound-Up Employers

by DNH (BD) | Nov 29, 2024 | Employment Law

We previously wrote about the High Court’s decision in Utusan Melayu (Malaysia) Bhd (Dalam Penggulungan Sukarela Pemiutang) v Menteri Sumber Manusia & Ors and other applications [2023] 1 CLJ 804.  There, the High Court held that employees are required to obtain...
Case Spotlight: Judicial Review Not Mandatory to Challenge Industrial Court’s Jurisdiction

Case Spotlight: Judicial Review Not Mandatory to Challenge Industrial Court’s Jurisdiction

by DNH (BD) | Nov 22, 2024 | Employment Law

Once a trade dispute is referred to the Industrial Court, the Court is generally considered to have the necessary jurisdiction to hear and resolve the issue. But what if a party wants to challenge the Court’s jurisdiction? Should this challenge be brought...
Case Spotlight: Are Foreign Workers Covered by Collective Agreements?

Case Spotlight: Are Foreign Workers Covered by Collective Agreements?

by DNH (BD) | Nov 5, 2024 | Employment Law

A collective agreement is an agreement between an employer and a trade union relating to the terms of employment. Yet, are employers allowed to treat foreign and local employees differently under the collective agreement or exclude them entirely?  In Paper and Paper...
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