2 Things Employer Need To Know When Hiring

Sharul Syafie
by Sharul Syafie
Sep 23, 2019 at 12:43 AM

"The best way to avoid messy dispute is to get things right, from the start." Here are 2 things that employers need to know when hiring:

Pre-hiring considerations

There are no strict rules when it comes to selecting employees. Employers can specify any criteria that they need such as gender, academic background and physical attributes/abilities, provided that they are relevant to the job. The key is to ensure that employers list a relevant criteria for the job and do not expose the employers from any risks of being accused for unfair discriminatory. Unlike some jurisdications, there are no specific restriction when it comes to do background checks on potential employees using information that are available publicly such as the information on Facebook or other social media.

Documenting the employment relationship

Employers should use the time during interview to make clear of the job scope to the applicants. Basic information such as the work loads, timelines and other regulations that the applicants need to know, should be communicated. Communicating the information would help to establish clear expectations from the start and may assist any disputes in the future. When the applicants are accepted, company would issue an offer letter for the applicant to accept. There are also companies that include employment contract and employee handbook. A common mistakes that employers do is when they decided not to document the detailed employment terms and conditions. It had causes losses to many employers when there is a disputes when an employee is entitled to.

"The most common provisions which should be included in most employment contracts are the job description (position, brief description of role, and basic salary and statutory deductions), term (probation, retirement, or fixed term), termination (who can terminate, and how), leave entitlements (annual, emergency, medical, and unpaid), additional remuneration (allowances, bonuses), targets, performance reviews, confidentiality, and any other benefits." - The Malaysian Lawyer

Alongside other things, if employers wish to enforce some other elements in the future, company should properly documenting it from the beginning of the employment relationship.

Source: The Malaysian Lawyer