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The managerial prerogative on retrenchment in Malaysia


Hassan, Mumtaj and Hussain, Mohammad Azam and Md Desa, Md Rejab (2016) The managerial prerogative on retrenchment in Malaysia. International Review of Management and Marketing, 6 (S8). pp. 133-137. ISSN 2146-4405

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Abstract

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.

Item Type: Article
Uncontrolled Keywords: Managerial, Prerogative, Retrenchment, Industrial Relations
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management
Divisions: School of Law
Depositing User: Mdm. Mumtaj Hassan
Date Deposited: 09 May 2017 03:39
Last Modified: 09 May 2017 03:39
URI: http://repo.uum.edu.my/id/eprint/21995

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