The Managerial Prerogative on Retrenchment in Malaysia

Retrenchment is a situation wherein the contract of service of the employees are terminated due to surplus in workforce which occurs as a result of economic downturn, reorganization, reduction in production, mergers, takeover, and others. Although retrenchment is to be averted wherever possible, the...

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Main Authors: Mumtaj Hassan, Mohammad Azam Hussain, Md Rejab Md Desa
Format: Article
Language:English
Published: EconJournals 2016-10-01
Series:International Review of Management and Marketing
Subjects:
Online Access:https://dergipark.org.tr/tr/pub/irmm/issue/32103/355758?publisher=http-www-cag-edu-tr-ilhan-ozturk
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author Mumtaj Hassan
Mohammad Azam Hussain
Md Rejab Md Desa
author_facet Mumtaj Hassan
Mohammad Azam Hussain
Md Rejab Md Desa
author_sort Mumtaj Hassan
collection DOAJ
description Retrenchment is a situation wherein the contract of service of the employees are terminated due to surplus in workforce which occurs as a result of economic downturn, reorganization, reduction in production, mergers, takeover, and others. Although retrenchment is to be averted wherever possible, the industrial law recognizes the privilege of an employer to determine the appropriate economic size of its organization. This paper will attempt to discuss the legal aspect of retrenchment in Malaysia as provided in the statutes and guidelines. This paper also focuses on the managerial prerogative in termination of employees in case of redundancy, the recommendations in the Code of Industrial Harmony 1975, the legal effect of Last In First Out and the remedies for the redundant employees in Malaysia.
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spelling doaj.art-da8db1cf2ce749668df93f2b261399142023-02-15T16:21:59ZengEconJournalsInternational Review of Management and Marketing2146-44052016-10-01681331371032The Managerial Prerogative on Retrenchment in MalaysiaMumtaj HassanMohammad Azam HussainMd Rejab Md DesaRetrenchment is a situation wherein the contract of service of the employees are terminated due to surplus in workforce which occurs as a result of economic downturn, reorganization, reduction in production, mergers, takeover, and others. Although retrenchment is to be averted wherever possible, the industrial law recognizes the privilege of an employer to determine the appropriate economic size of its organization. This paper will attempt to discuss the legal aspect of retrenchment in Malaysia as provided in the statutes and guidelines. This paper also focuses on the managerial prerogative in termination of employees in case of redundancy, the recommendations in the Code of Industrial Harmony 1975, the legal effect of Last In First Out and the remedies for the redundant employees in Malaysia.https://dergipark.org.tr/tr/pub/irmm/issue/32103/355758?publisher=http-www-cag-edu-tr-ilhan-ozturkmanagerial prerogative retrenchment industrial relations
spellingShingle Mumtaj Hassan
Mohammad Azam Hussain
Md Rejab Md Desa
The Managerial Prerogative on Retrenchment in Malaysia
International Review of Management and Marketing
managerial
prerogative
retrenchment
industrial relations
title The Managerial Prerogative on Retrenchment in Malaysia
title_full The Managerial Prerogative on Retrenchment in Malaysia
title_fullStr The Managerial Prerogative on Retrenchment in Malaysia
title_full_unstemmed The Managerial Prerogative on Retrenchment in Malaysia
title_short The Managerial Prerogative on Retrenchment in Malaysia
title_sort managerial prerogative on retrenchment in malaysia
topic managerial
prerogative
retrenchment
industrial relations
url https://dergipark.org.tr/tr/pub/irmm/issue/32103/355758?publisher=http-www-cag-edu-tr-ilhan-ozturk
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