Following the previous post — What Malaysian employers need to know about employment law — which was an introduction to this series, this is the first in a three-part series on employment law. This post focuses on hiring employees.

Many employers see the key to optimising productivity and success as having employees with the appropriate qualifications, personality, and ultimately the practical application to get the job done well.

Often, when a company finds the right candidate, employment documentation is seen as a mere administrative formality.

However, even the sweetest of relationships, can be soured by time and circumstances. By the time things go wrong, it is too late for an employer who realises he is insufficiently protected by a shoddily-prepared employment contract.

This post highlights the key issues an employer should bear in mind when hiring employees.

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The Malaysian law governing industrial relations — or employment law — has a reputation for being overly-friendly to employees.

I am often approached for advice by employers when things have gone pear-shaped, meaning that they want advice on how to dismiss an employee, or to defend an unfair dismissal claim.

Many employers are of the view that the law makes it unreasonably difficult to dismiss an employee, except for the most obvious cases of misconduct or poor performance, and is therefore ‘pro-employee’.

This reputation has spread outside the country as well. Foreign businesses looking to expand into Malaysia often tell me that they have been informed that Malaysian law is disadvantageous to employers.

This reputation is, in fact, undeserved.

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