credit to: Vg Lincoln Resources
Sunday, January 31, 2010
Understand Retrenchment Labor Law in Malaysia
Since this may or may not happen to anyone of us but I think this is something good to know your rights or how you’re protected by labor law in Malaysia especially when you’re being retrenched. I only highlight the most critical one which is how much the employer should pay you back.
Under the Employee Act 1055 or Industrial Relation Act 1967, labor law in Malaysia, this is the minimum amount of money the employee should compensate us if they decide to retrench us. If you have been working for a company:
Between 1 to 2 years, you should get minimum of 10 days salary for each year of your service.
Between 2 to 5 years, you should get minimum of 15 days salary for each year of your service.
Above 5 years, you should get minimum of 20 days salary for each year of your service.
It will be pro-rated if the number of years of services is not a whole number. For example, if you work for 1.5 years, the formula will be something like this:
($1 Year Salary / 365 Days) X (1.5 Years) X (10 Days)
If you look at it, the compensation law is not that much if the company decides to pay you the minimum. All the while I have the wrong impression that compensation for retrenchment is very good because of our labor law. Perhaps I do not aware those company specifically Intel used to compensate way more than the minimum amount that protected by Malaysian Labor Law. It may not happen again in the future with the current economy situation. Don’t you think so?
credit to: http://financialindependent.blogspot.com/2009/02/understand-retrenchment-labor-law-in.html
What Do You Think? Scam And Fake Passport
Case Study
Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.
Determine Geena’s liability: civil or criminal?
What law(s) and statutes you think Geena has violated?
From the case,
Geena is liable under criminal law. The reasons are because she runs unregistered online investment which is scam and attempt to flee with the money using fake passport. From legal action of criminal law; under concerns which is offences against the state; by held fake passport and attempt to use it, Geena had done offence against the state. She had violated Public law under constitutional statutes. If Geena is found guilty, for sanctions Geena be imprisonment, fine or both.
What Do You Think? Car Hit a Walking Pedestrian
Case Study
People nowadays cannot be separate with communication device. It is modern need for human being. We use phone all time, during lunch, working, driving and even while cooking. Let’s take driving for instance; it is very dangerous to drive while on phone. And for that we need to use hands-free device. It is to ensure our hand is focus on driving.
On the other hand, what if we drive and on phone without hand-free device. Are we ensured our safety and people around us? What if we hit other people on the ignorant behavior? Are we protected by Law? Or the person who we hit protected by law? Let’s think together from different aspect, let’s say the person we hit is source income of family. How the person is going to recover his/her loss?
You may have clear view from following case;
- When driving his car home in Georgetown, Ryan called and talked with his wife through mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
The question is
- Is Ryan liable under civil or criminal law?
- Should this case go to court, what will be Ryan’s right?
- What should the pedestrian do to recover his injuries/loss?
From the case,
Ryan is liable under civil law because the purpose of civil law is to remedy the wrong which has been suffered. However if the pedestrian is die, Ryan is liable under criminal law. The reasons are because of reckless driving cause to death. It is the amount of act to crime.
This case should go to court so that the pedestrian can redeem his injuries/loss. Ryan can appoint a lawyer to defend him and help him to understand federal constitutions. To recover his injuries/loss, pedestrian can appeal amount of money from court that will pay by Ryan. The amount will increase to a high number if the pedestrian has lost the ability to work that jeopardizes his income which he supposes to gain.
Why Do We Need Law?
Laws is needed when society need it. Laws are instrument to society. Laws are needed to keep order in community, to solve disputes and to set up an accepted minimum standard of behavior of the people.
Consider the following case is real, when you drive on the road without speed limit and any stop sign, you might hit another car thus injured or even killed people in the other car. Hence laws are made to protect people.
You save money in order to buy laptop. When you bought the laptop, the law stated that the laptop is belongs to you. What if someone else saw your laptop and like it? Could they come and take the laptop from you? The might try but the act is against the law. They could be arrested.
There are two type of law which is public and private. Constitutional, administrative and criminal belongs to public law. Contract, tort, property, trusts, and family are in group of private law.
Laws are protected all aspect in our life, from our property to our right and safety. Without laws, our life might be at risk today.
Tuesday, January 26, 2010
Welcome to My blog
Hi everyone. This is my first time create a blog. And I had never created any personal site other than my email before. Frankly this thing is really not me. However societies nowadays had move on to digital society. They make new friends, share exciting facts and story through Blog. For the reasons this Blog is create and I will update and post any interesting stuff here. Please do comment and give any ideas about make-myself. Before I go please do support me.
p.s. This is not Me doing this
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