Worker Strikes: Legal Rights, Procedures, and Consequences
Definition and Nature of the Right to Strike
A strike is a collective and concerted cessation of work carried out by a total or partial group of workers to pressure an employer or entity to defend their claims. The right to strike is individually held but collectively exercised. Furthermore, the right to strike is considered a fundamental right of workers.
Who Holds the Right to Strike?
The holders of the right to strike are workers employed under subordinate relationships, as the purpose of this right
Read MoreKey Legal Provisions: Contract Breach and Seller Duties (Articles 24-42)
Key Provisions on International Sales Contracts (Articles 24-42)
Articles 24-26: Defining Contract Breach and Communication
Breach of contract occurs when one party causes the other damage that substantially deprives them of what they were entitled to expect under the contract. (TRUE)
If the other party is not notified, the contract is terminated. (FALSE)
Breach of contract shall be considered when the breached part of the contract has not provided such result. (FALSE)
Any type of manifestation will
Malaysian Subordinate Court Jurisdiction Rules (SCA 1948)
Subordinate Court Jurisdiction: Chapter 2
Counterclaims and Monetary Limits
Section 66(1) – Sessions Court: Can hear the case even if the counterclaim is bigger than the plaintiff’s claim, but cannot award more than its own limit (e.g., max RM1 million).
Section 66(2) – High Court: Any party can apply to move the whole case to the High Court, which has no monetary limit.
Calculating Claim Value: Principal and Interest
Issue: Claim Calculation for Jurisdiction
Claim = Principal (within limit) + Interest
Read MoreCorporate Law Concepts: Governance, Responsibility, and Shareholder Protection
Corporate Responsibilities and Governance
Social Responsibilities of Companies
Meaning
Social responsibility refers to the obligation of companies to act in ways that benefit society while conducting business operations. It involves going beyond profit-making to consider the welfare of employees, customers, society, and the environment.
Key Aspects of Social Responsibility
- Towards Shareholders: Ensure fair returns on investment, transparent disclosure, and good governance.
- Towards Employees: Provide fair
Understanding Incoterms and Their Impact on International Trade
What Are Incoterms? Published by the International Chamber of Commerce (ICC), Incoterms define the responsibilities of buyers and sellers in international trade, including:
- Who bears costs
- Who bears risks
- Handling of documents
What Do Incoterms Not Cover? They do not represent a sales contract between a buyer and a supplier. For example, they do not cover pricing details, exact payment details, or details of quality.
Most Common Terms of Incoterms:
- EXW: Buyer takes full responsibility
- DDP: Seller takes
Indian Corporate and Consumer Law: Key Concepts and Regulatory Bodies
Company Law: Formation and Securities
Company Formation: The Registration Procedure
Meaning: Registration is the legal process by which a company is formally created and recognized as a separate legal entity under the Companies Act. It ensures that the company can legally enter into contracts, own property, and conduct business in its own name.
Introduction: A company cannot exist legally until it is registered with the Registrar of Companies (ROC). Registration provides the company with a distinct