Subcontractors sit at a vulnerable point in the construction chain. They carry out much of the actual work, yet they often have the least bargaining power and are the most exposed when money stops flowing from above. Malaysian law, and CIPAA in particular, was shaped with this imbalance in mind. This guide explains the payment
Subcontractor Payment Rights and Protection in Malaysia Read More »
Employing Foreign Workers: The Compliance Framework for Malaysian Employers Under section 60K of the Employment Act 1955, an employer must obtain the prior approval of the Director General of Labour before employing a foreign employee, and must comply with immigration quota, levy and pass requirements — with foreign employees entitled to the same minimum wage
Hiring Foreign Workers in Malaysia: Section 60K & Compliance Duties Read More »
Protecting the Business After an Employee Leaves: Non-Competes, Confidentiality and Trade Secrets Post-employment non-compete clauses are generally void in Malaysia under section 28 of the Contracts Act 1950, but employers can still enforce confidentiality obligations, protect trade secrets in equity, restrain misuse of confidential information, and enforce restraints that operate during employment. Why are non-compete
Non-Competes & Confidentiality in Malaysia: What Employers Can Enforce Read More »
Adjudication under CIPAA is designed to be quick and binding, but it is not beyond challenge. A party that believes a decision was reached unfairly or improperly can apply to set it aside. However, the grounds are deliberately narrow, because the whole point of adjudication is to provide fast, enforceable relief. This guide explains when
Setting Aside a CIPAA Adjudication Decision: When and How Read More »
Winning a CIPAA adjudication is a major step, but it is not always the end of the story. Sometimes the losing party still refuses to pay, hoping that the contractor will give up or run out of patience. Fortunately, CIPAA gives a successful party real tools to turn a decision into actual payment. This guide
Enforcing a CIPAA Adjudication Decision in Malaysia Read More »
Medical Incapacity: Handling Prolonged Illness Without Unfair Dismissal An employment contract in Malaysia may be treated as frustrated under section 57(2) of the Contracts Act 1950 where supervening illness renders the employee permanently unable to perform their role, but employers must first exhaust sick leave entitlements, obtain credible medical evidence, and consider alternatives before ending
Long-Term Illness & Frustration of Contract: Malaysian Employer Guide Read More »
Salary Deductions: What Section 24 Allows — and What It Doesn’t Under section 24 of the Employment Act 1955, an employer may only deduct wages in categories expressly permitted by the Act — statutory deductions, recovery of recent overpayments, indemnity for failure to give notice, and certain deductions with the employee’s written consent or the
Salary Deductions in Malaysia: What Employers Can Lawfully Deduct Read More »
When a construction dispute arises in Malaysia, you usually have more than one way to resolve it. Adjudication, arbitration, and litigation each have their own process, timeline, cost profile, and strategic uses. Choosing the right route, and sometimes the right combination and sequence, can have a major effect on how quickly and effectively you achieve
Adjudication, Arbitration or Litigation: Resolving Construction Disputes in Malaysia Read More »
Retention is one of the most common reasons contractors find themselves chasing money long after the work is finished. A portion of every payment is held back as security, and getting it released can be surprisingly difficult. For many contractors, retention represents a meaningful slice of their profit on a project. This guide explains how
How to Recover Retention Sums in Malaysian Construction Projects Read More »
Sexual Harassment at Work: What Malaysian Employers Must Do Malaysian employers must inquire into every sexual harassment complaint or record documented reasons for refusing within 30 days, must exhibit a notice raising awareness of sexual harassment at the workplace, and face fines and parallel proceedings before the Anti-Sexual Harassment Tribunal if they fail to act.
Workplace Sexual Harassment: Malaysian Employer Obligations 2026 Read More »
