Dr Chan Wang Tak

Annual leave is a statutory entitlement under Malaysian labour law. Under Section 60E of the Employment Act 1955, every employee covered by the Act is entitled to a minimum number of paid annual leave days, depending on years of service. Annual leave is earned and belongs to the employee. However, the law also makes it clear that the timing of leave must be mutually agreed between employer and employee. Except where the contract of service specifically provides otherwise, the employer cannot...

Managing performance and discipline is an essential part of every leader in any organization. Good discipline ensures smooth and uninterrupted operations, and renders peace of mind at work for colleagues as well as superiors. This leadership task must not be neglected. Any leader who neglects to perform this should be charged with dereliction of duty, and if he is seriously unable to or does not have the guts to do so, he should be demoted or transferred to another position with no leadership...

This article attempts to clarify the difference between major and gross misconduct. Misconduct refers to action or failing to act that is considered to be incompatible with the expressed or implied conditions of service. Misconduct can be minor, major or gross in nature. Major misconduct is behaviour that fundamentally undermines the confidence and trust crucial in the employment relationship. It may or may not be premeditated but, in a big way it significantly reduces the employer's ability...