by Judy Lim Pek Eng | Feb 1, 2023 | Legal Summaries
1. Legally, under the Employment Act 1955, employees are entitled to paid holidays on: (a) 11 of the gazetted public holidays[1]; and (b) Any special days appointed as public holidays.[2] 2. Out of the 11 gazetted public holidays: (a) 5 are mandatory; and (b) 6 are to...
by Judy Lim Pek Eng | Jan 10, 2023 | Legal Summaries
In Megnaway Enterprise Sdn Bhd v Soon Lian Hock (sole proprietor of the firm Performance Audio & Car Accessories Enterprise) [2009] 3 MLJ 525 (“Megnaway Enterprise”), at paragraph 41, Low Hop Bing J (later JCA) referred to a number of authorities and...
by Judy Lim Pek Eng | Dec 13, 2022 | Legal Summaries
Section 7 of the Copyright Act 1987 (“CA 1987”) governs the works which are eligible for copyright. Generally, the following works are eligible for copyright: “(a) literary works; (b) musical works; (c) artistic works; (d) films; (e) sound...
by Judy Lim Pek Eng | Oct 11, 2022 | Legal Summaries
1. Governed by Section 346 of the Companies Act 2016 Section 346(1) and (2) of the Companies Act 2016 (“CA 2016”) provides the following: “(1) Any member or debenture holder of a company may apply to the Court for an order under this section on the ground- (a) that...
by Judy Lim Pek Eng | Mar 15, 2022 | Legal Summaries
Under Malaysian law, the distinction between a ‘contract of service’ and a ‘contract for service’ is significant. Individuals under a contract of service are treated as employees for the purposes of, amongst others, the Employment Act 1955 and the Industrial Relations...
by Judy Lim Pek Eng | Feb 15, 2022 | Legal Summaries
Section 9 of the Strata Management Act 2013 governs the duties and powers of developers during the developer’s management period. The provision is worded as follows: “(1) Subject to the provisions of this Act, a developer shall, during the...