Five lawyers share their insights on the impact of the Employment Act amendments

The past three years has been a busy, tumultuous, and very interesting period for HR and employment and industrial relations professionals in Malaysia. While 2020-21 saw employment lawyers — like most of the world — being kept occupied by the effects of the pandemic, and collectively learning on our feet, 2022 also threw lots of new issues our way, as clients adjusted to the new post-pandemic norms.

In Malaysia, a hot topic in 2022 was the long-awaited amendments to the Employment Act (“EA”)(originally scheduled to come into force on 1 September 2022, but postponed to 1 January 2023). I have already shared my views on the wide-ranging impact of (and some on-going uncertainty caused by) these major amendments. In this article, I canvassed the views of five fellow Malaysian employment lawyers on the EA amendments. I invited Amardeep Singh Toor, Donovan Cheah, Janice Anne Leo, Selvamalar Alagaratnam, and Wong Keat Ching to share insights on the following with readers of The Malaysian Lawyer:

  • Their views on the EA amendments.
  • The key areas their clients have been focusing on to adapt to the changes.
  • Whether there is still non-compliance among employers.
  • What issues/trends will keep employment lawyers busy this year.

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New Employment Act amendments may mean law pupils are entitled to minimum wage

A much-discussed issue in Malaysian legal circles for some time now has been the remuneration of pupils in the legal industry.

Many law graduates are grossly underpaid during their compulsory 9-month pupillage period, with reports of monthly pay as low as RM500. This is well below the current monthly minimum wage in Malaysia, which is RM1,100/1,200. However, pupils fall outside the scope of the Minimum Wages Order, as they are not “employees” under the existing Employment Act (EA).

Proposed amendments to the EA may change this position, and mean that pupils will be entitled to the national minimum wage.

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You Want to be a Commercial Litigator? Here are 10 Tips

Recently, a young lawyer asked me for advice on how to generally switch practice areas to move into litigation. From my brief advice, I thought it would be useful to set out and expand on my tips. I write this especially from the lens of a commercial litigator.

These tips are shaped by my personal experience. Please feel free to suggest more tips in the comments section and where we can learn from other lawyers’ experiences.

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Bar Council finally reverses its own ban; allows law firms to use virtual offices

Malaysia’s Bar Council (“BC”) today announced, via Circular 324/2021 to its members, that after more than six years, it is finally reversing its own ban on law firms operating via virtual offices.

This issue first arose in March 2015, when the BC suddenly issued a Circular immediately banning lawyers from practising through virtual offices. The BC asked lawyers to “cease such operations with immediate effect” and warned that “the Bar Council may take disciplinary action against lawyers who are reported to be operating through virtual offices”. The ban was put on hold temporarily as a group of lawyers requested a discussion with the Legal Practice Committee, but in August 2015 the BC made a firm decision to ban the practice.

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Why I hate the term “work-life balance”

Resharing a Twitter thread.

  1. Yesterday, I tweeted that it annoys me when young lawyers talk about wanting work-life balance (WLB). I thought I’d explain why in a thread. I’ll bookmark this to share when people ask me about WLB. This’ll seem repetitive to the people I’ve explained this to over the years.
  2. IMO, the term “work-life balance” is damaging. Firstly, different people use WLB to mean different things. The term has so many interpretations that it ends up not meaning anything. This includes the other re-framings such as “work-life integration/harmony etc”.
  3. The term WLB is damaging because it forces people to separate “work” and “life”. “Work-life integration” sounds better, but still separates work and life. IMO everything we do is just “life” — it’s the way we live, and it’s how we fill our days. This naturally includes work.
  4. “Work-life balance” creates a false dichotomy. Adopting this artificial construct of “work me” and “life me” sets a lot of people up for disappointment and frustration. This is where concepts like “TGIF” and “Monday blues” come up.
  5. TGIF means “Yay, it’s the weekend and I can switch to ‘fun me’ or ‘chill me’ or ‘happy me'”. Monday blues comes up because “Argh, it’s Monday and I now have to switch back to ‘serious me’ or ‘work me’ or ‘miserable me'”.
  6. This separation creates a narrative that “work” is diametrically opposed to life. Or that work is the enemy of life. This to me is a barrier to improvement and mastery, because it makes work seem like a bad thing.
  7. If you find yourself hating the work you do, check whether the mindset you’ve adopted towards work is to blame. Also, audit your circle of influence. If you surround yourself with whingers who think the world is always to blame, you’ll think so too.
  8. I also tweeted that mentioning WLB in an application/interview is a red flag. When someone says that their reason (or one of their reasons) for applying to the firm is because it provides work-life balance, it’s a warning sign — what do they mean?
  9. There are some good intentions behind wanting WLB (autonomy, control, independence, meaning, reasonable workload etc). There are also poor ones (wanting to clock off at 6pm everyday, not check emails outside the office).
  10. I won’t go into the reasons in point 8 in detail. I’ve had many conversations with fresh grads and YLs over the years, and there are as many of those with poor intentions as there are those with good ones.
  11. I’m interested to have these conversations, but only because I’ve seen how beginning to talk about WLB can lead to discussions of more interesting topics. A chat about WLB usually brings to the surface threads we can pull on.
  12. Digging a little deeper, we usually find that we can talk about things like “how do I become a good lawyer”, or “what does success mean to you?”, or “how do we find fulfillment in our jobs”.
  13. Going back to WLB, I don’t think the beginning of your career is the time to be overly-focused on WLB unless you really give it proper thought, and have the right mindset. Otherwise it can position work as a bad thing, and be a damaging concept.
  14. WLB really only comes up when people are dissatisfied with their current situation. Happy people don’t dwell on WLB. And when people say they want WLB, it means they want to work less. You don’t often find someone wanting to work more.
  15. While putting in the hours and hard miles early in your career is unavoidable, it saddens me when people in their 30s/40s/50s still feel that constantly working long hours and weekends is inevitable.
  16. It’s sad when people who have been in their careers for 5++ years feel burnt out, and say they “wish” they could live another way, choose another path, but have “no choice”. We always have a choice.
  17. Obviously there isn’t a simple one-size-fits-all solution for everyone. But, as with many situations in life where we feel that there’s no choice, asking “why?” or “why not?” often helps.
  18. When you’ve been in your career for 10 years yet feel you have “no choice” it often means you’ve trapped yourself in a prison of your own making. The “why not” for working less or changing jobs is usually tied to your own definition of success or wealth.
  19. If we don’t properly think about it, we will never be successful enough, or earn enough money. Society ensures we always want more. There are all sorts of financial and psychological elements— comparison, keeping up with the Joneses, lifestyle creep.
  20. Everything is iterative. You can design a life that works for you, unapologetically. You don’t have to conform with what society thinks a “lawyer” or “legal practice” should be like.
  21. You can do whatever you choose, but you have to want to. And “wanting to” means being willing to put in the hard work to make it happen. Being willing to experiment, make mistakes, learn, and put up with the inevitable brickbats or critics.
  22. I’m not saying spending long hours in the office is bad for everyone. There are as many worldviews and life philosophies as there are humans on this planet. Open yourself up to as many ideas as possible, unpack and ruminate, and then make the decisions that best suit you.
  23. And of course, constantly experiment and correct course where necessary. You’re not the same person you were 10 years ago, so you shouldn’t feel compelled to hold the same views or be committed to the same career path and ways of working.
  24. This thread has veered a bit from work-life balance (see, I told you discussing WLB always leads to lots of other threads to pull on). In short, it’s a bad thing to overly focus on at the beginning of your career. Focus on learning as much as possible instead.
  25. And this commitment to learning and putting in the hours isn’t unique to the legal profession. Look at the best entrepreneurs, craftsmen/women of any kind — anyone who is great at what they do. The alternative is mediocrity.
  26. But as your career progresses, keep thinking about your why. Your reason for doing things. Otherwise, you’ll end up just being pushed along by the current, and end up doing what society tells you, and think you have “no other choice”. Enjoy the ride.

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Branding, reputation, and compatibility with the legal profession — some quick thoughts

This is a compilation of a Twitter thread in which I shared my quick views in response to a post by my friend Fahri Azzat on his blog on branding, reputation, and lawyers: Branding and Reputation. I highly recommend you read his post and subscribe to his blog. You can also read my original thread by clicking here.

A delightful and thought-provoking read, eloquently expressed as always by my buddy Fahri / @LBminion1. And seemingly at odds with his earlier post about the future lawyer and embracing of technology. /1

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