Protection of employees' entitlements in cases of employer insolvency in Malaysia

Aishah Bidin, Shereen Khan, Olivia Tan

Research output: Contribution to journalArticle

Abstract

The most valuable assets of any country are its employees. It is part of an inevitable fate that befalls employees when their employer files for bankruptcy. This paper examines the principles and practice of redundancy and retrenchment of employees, or rather employee entitlements, in the event of employer insolvency. It further discusses the extent of the protection of workers' security of tenure in employment. In relation to this, reference will be made to retrenchment situations in Malaysia compared with other jurisdictions with special reference to the following questions: 1) if the existing labour legislations and the Company Act, 1965 adequately protects workers' security of tenure in employment and 2) whether workers who were genuinely retrenched from employment are fairly compensated for loss of employment. In summary, it will look into the extent of legal protection given to the employees in the event of employer insolvency.

Original languageEnglish
Pages (from-to)209-223
Number of pages15
JournalInternational Journal of Business and Society
Volume13
Issue number2
Publication statusPublished - 2012

Fingerprint

Insolvency
Employees
Malaysia
Employers
Entitlement
Workers
Retrenchment
Tenure
Legislation
Jurisdiction
Redundancy
Legal protection
Assets
Bankruptcy
Labor

Keywords

  • Employees' entitlement
  • Insolvency
  • Redundancy
  • Retrenchment

ASJC Scopus subject areas

  • Economics and Econometrics
  • Finance
  • Strategy and Management
  • Business and International Management

Cite this

Protection of employees' entitlements in cases of employer insolvency in Malaysia. / Bidin, Aishah; Khan, Shereen; Tan, Olivia.

In: International Journal of Business and Society, Vol. 13, No. 2, 2012, p. 209-223.

Research output: Contribution to journalArticle

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