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The ELA is proud to welcome our newest member firms: Potter, Anderson & Corroon in Delaware and Morais Leitão in Portugal! 

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Determining if an Employee is Transferred or Seconded

Submitted by Firm:
Shearn Delamore & Co.
Firm Contacts:
Sivabalah Nadarajah, Suganthi Singam, Vijayan Venugopal
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Dear valued clients, colleagues and friends,

The issue of whether an employee is transferred or seconded can sometimes prove rather contentious. In a transfer, the employment relationship to transferred to the new employer (i.e. the original company is no longer the employer), whereas in a secondment situation, the employee remains under the employment of the original company but may perform work for the secondee company.

In the recent Kuala Lumpur High Court case of ACP DMT Sdn Bhd v Wan Abdul Hamid & Anor (WA-25-38-02/2021), one of the main issues which arose was whether the employee was transferred or seconded.

Click here to read more.

The Applicant in the case was represented by our partners Vijayan Venugopal and Wong Kian Jun, for further information about this article or employment law issues, please contact:

Vijayan Venugopal
Partner, Employment & Administrative Law
T: +603 2027 2874
E: vijayan@shearndelamore.com

Wong Kian Jun
Partner, Employment & Administrative Law
T: +603 2027 2874
E:  wongkj@shearndelamore.com

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