Messrs Ng, Zainurul, Seke & Khoo - Employment Law Department

Messrs Ng, Zainurul, Seke & Khoo - Employment Law Department Welcome to Employment Law Department of Messrs Ng, Zainurul, Seke & Khoo (NZSK) Law Firm. 欢迎来到黄，赞英，薛与邱律师事务所, 雇佣法部门

22/05/2026

A proper PIP must be SMART: Specific, Measurable, Achievable, Relevant, and Time-bound. If your PIP is vague, unrealistic, or used only to build a termination case, it may create legal risk for the company.

21/05/2026

𝐂𝐚𝐧 𝐚 𝐂𝐨𝐦𝐩𝐚𝐧𝐲 𝐮𝐬𝐞 𝐏𝐈𝐏, 𝐓𝐨 𝐅𝐢𝐱 𝐌𝐢𝐬𝐜𝐨𝐧𝐝𝐮𝐜𝐭?

PIP is meant for performance improvement — not to quietly punish misconduct.

When companies mix disciplinary action and PIP wrongly, the Industrial Court may see the entire process as unfair.

20/05/2026

𝐂𝐚𝐧 𝐫𝐞𝐟𝐮𝐬𝐢𝐧𝐠 𝐚 𝐏𝐈𝐏, 𝐆𝐞𝐭 𝐲𝐨𝐮 𝐟𝐢𝐫𝐞𝐝?

Refusing to attend a PIP meeting does NOT automatically mean insubordination.

The Industrial Court will always examine the real reason behind the refusal.

19/05/2026

𝐓𝐡𝐞𝐲 𝐜𝐚𝐥𝐥𝐞𝐝 𝐢𝐭 𝐏𝐈𝐏, 𝐁𝐮𝐭 𝐭𝐡𝐞 𝐜𝐨𝐮𝐫𝐭 𝐬𝐚𝐰 𝐬𝐨𝐦𝐞𝐭𝐡𝐢𝐧𝐠 𝐞𝐥𝐬𝐞

PIP is supposed to improve employees — not become a hidden termination process.

A fresh 2026 Industrial Court case shows how misuse of PIP can destroy an employer’s defence in Court.

18/05/2026

𝐖𝐚𝐧𝐭 𝐠𝐨 𝐟𝐨𝐫 𝐂𝐨𝐧𝐬𝐭𝐫𝐮𝐜𝐭𝐢𝐯𝐞 𝐃𝐢𝐬𝐦𝐢𝐬𝐬𝐚𝐥? 𝐄𝐧𝐨𝐮𝐠𝐡 𝐄𝐯𝐢𝐝𝐞𝐧𝐜𝐞?

Constructive dismissal is one of the hardest employment claims to win in Malaysia.
The Court will examine:

Was there a serious breach?

Did you resign because of it?

Did you act fast enough?

And most importantly — where is your evidence?

15/05/2026

𝐌𝐲 𝐁𝐨𝐬𝐬 𝐅𝐨𝐫𝐜𝐞 𝐌𝐞 𝐑𝐞𝐬𝐢𝐠𝐧!

One of the biggest mistakes employees make:

They attend HR meetings with zero documentation.
A simple follow-up email after the meeting can completely change an employment dispute later.

14/05/2026

𝐖𝐡𝐲 𝐈𝐠𝐧𝐨𝐫𝐢𝐧𝐠 𝐚 𝐏𝐈𝐏 𝐂𝐚𝐧 𝐂𝐨𝐬𝐭 𝐘𝐨𝐮

A Performance Improvement Plan (PIP) is not always something employees should ignore or take lightly.

The way you respond, communicate, and document the process may affect your position later on.
Understanding the expectations, timelines, and review process early can help you manage the situation more clearly and confidently.

13/05/2026

𝐖𝐡𝐞𝐧 𝐒𝐡𝐨𝐮𝐥𝐝 𝐘𝐨𝐮 𝐋𝐨𝐨𝐤 𝐟𝐨𝐫 𝐚𝐧 𝐄𝐦𝐩𝐥𝐨𝐲𝐦𝐞𝐧𝐭 𝐋𝐚𝐰𝐲𝐞𝐫? 𝐍𝐨𝐭 𝐀𝐟𝐭𝐞𝐫 𝐘𝐨𝐮 𝐀𝐫𝐞 𝐅𝐢𝐫𝐞𝐝.

Don’t wait until termination to look for legal advice.

If you receive a PIP, show cause letter, suspension letter, warning letter, domestic inquiry notice, or pressure to resign, your response may affect your legal position later.

Early advice is not about starting a fight.

It is about protecting yourself before the next step happens.

“Most people think the Industrial Court is just about getting fired.They are wrong.This court has destroyed companies…an...
12/05/2026

“Most people think the Industrial Court is just about getting fired.

They are wrong.

This court has destroyed companies…
and saved employees from losing everything.”

“Every week, employers walk into this building thinking:
‘We already gave warning letters.’
‘We already put him on PIP.’
‘HR already checked everything.’

But when the case starts…
the court doesn’t just look at documents.

They look at intention.

Was the employee really underperforming?
Was the Domestic Inquiry fair?
Was the redundancy genuine?
Or was the company already planning to remove the employee from day one?”

“I’ve seen cases where one wrong HR decision cost the company hundreds of thousands of Ringgit.

And I’ve also seen employees wait too long…
until crucial evidence disappeared.”

“In the Industrial Court, emails matter.
WhatsApp messages matter.
Meeting minutes matter.
Even one sentence said during a meeting…
can change the entire case.”

“Because employment law in Malaysia is not just about policy.

It’s about fairness.”

“If you are HR, director, or employee —
never assume you are legally safe just because someone told you:
‘This is how companies normally do it.’

The Industrial Court has its own view.”

Industrial Court Malaysia
Know your rights before it’s too late.

11/05/2026

𝐇𝐎𝐖 𝐓𝐎 𝐂𝐇𝐄𝐂𝐊 𝐘𝐎𝐔𝐑 𝐎𝐖𝐍 𝐏𝐈𝐏 (𝐃𝐎𝐍’𝐓 𝐆𝐄𝐓 𝐓𝐑𝐀𝐏𝐏𝐄𝐃)

Being placed on a performance improvement plan can feel overwhelming.

But the key is understanding how the process is structured — whether expectations are clear, support is provided, and timelines are reasonable.

A well-managed performance process should include clarity, guidance, and a fair opportunity to improve.

If you are currently under review, keep proper records and understand your position early.

_______________________________________________________________________

当被安排绩效改进计划时，很多人第一反应是焦虑。
但其实关键在于评估内容是否清晰、流程是否合理。

例如目标是否具体、是否有辅导与支持、时间安排是否合适等。
这些因素都会影响评估的实际效果。

通过理性判断与记录相关情况，可以更好理解自己的处境。
提前了解流程，有助于减少不必要的不确定性。

#邱律师

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