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Unfair Dismissal in Malaysia
Unfair Dismissal in Malaysia
Drink Driving in Malaysia
Drink Driving in Malaysia
Leave Entitlement in Malaysia
Leave Entitlement in Malaysia

Personal Legal Procedures

Personal Legal Procedures
Discharge from Bankruptcy

Discharge from Bankruptcy

A person who is declared bankrupt may end his bankruptcy either by way of discharge or annulment. An annulment refers to the termination of a Bankruptcy Order against a bankrupt as if he had never been declared bankrupt. On the other hand, a discharge from a bankruptcy order releases a bankrupt from all debts provable in bankruptcy except for debts due to the Government, State, and Attorney General in respect...
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Personal Legal Procedures
Commissioner for Oaths Malaysia

Commissioner for Oaths Malaysia

Overview A Commissioner for Oaths is a vital role in the Malaysian judicial system. The position is found commonly, in many areas of law, helping the courts to function and deliver justice for the people of Malaysia. Their role shouldn’t be confused with that of a notary public, even though the work of the two may appear similar. This article explains what a Commissioner for Oaths is and who can...
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Personal Legal Procedures
Personal Bankruptcy in Malaysia

Personal Bankruptcy in Malaysia

Bankruptcy—a legal situation where someone is unable to repay their creditors—is sadly surprisingly common in Malaysia and in other countries too. It isn’t only those who spend recklessly who find themselves bankrupt; it can affect anyone, regardless of their circumstances. It can be a frightening prospect, but if you know the law relating to bankruptcy and insolvency then you can give yourself the best chance of getting through it and...
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Leave Entitlement in Malaysia

Before the recent changes, the bulk of the Employment Act 1955 (“the Act”) only applied to employees working in private sectors making less than RM2,000 per month, or to certain groups of workers regardless of their income (those engaged in or supervising manual labour). Effective from 1st January 2023, it will now apply to all employees irrespective of their wages, with some specific sections not applying to employees who are...

Retirement Age in Malaysia

Anywhere in the world, any working individual can retire anytime they want, and the age at which one decides to stop working is entirely dependent on them. However, in Malaysia, no employer can retire their employee before they reach the minimum age set by the law. This article will explore the law on the retirement age of a Malaysian working in the private sector. Here are six fundamental points to...

Prostitution in Malaysia

What is the legal position of prostitution in Malaysia? There is no law within the Malaysian Penal Code which states that prostitution is illegal. People are not committing a crime under the Penal Code by being a prostitute unless they are Muslim. Sharia Law applies to Muslims, and Section 28 criminalises the act of women engaging in prostitution. Although prostitution is not illegal under the Penal Code, certain and often...

Guardianship in Malaysia

Guardianship in Malaysia is governed by the Guardianship of Infant Act 1961 (GIA). Under the GIA, “guardianship” means having custody of a child and being responsible for the child’s support, health, and education. The guardian also has control and management of the child’s property. In short, a guardian can be defined as a person with legal rights and responsibilities toward a child. A guardian’s duties A guardian has parental rights and duties...

Unfair Dismissal in Malaysia

Any employer who wishes to dismiss an employee must do so with good reason, and in a fair manner. An employee’s right to earn their livelihood is enshrined in Malaysian law, and guaranteed in the federal constitution. Without “just cause and excuse”, employment law in Malaysia makes it clear that an employee’s employment cannot be terminated. Despite this, every year there are still cases which come before the Malaysian Industrial...