Covid 19 Business Law Legal Implications of a Global Pandemic 1st edition by Adnan Trakic 9783110723809 3110723808

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ISBN 10: 3110723808
ISBN 13: 9783110723809 
Author: Adnan Trakic

Harmonisation of law, a term that refers to an effort to bring two different legal traditions in harmony with one another, has developed a rather negative connotation over time when mentioned in the context of Shari’ah and common law. Harmonisation began to be looked at as an attempt by one legal system to impose its values on the other. A major reason for that is the lack of understanding of the scope to which these two legal traditions converge. One of the principal findings of this book is that Shari’ah and common law have many more commonalities than differences. As a result, the need for harmonisation between the two might have been exaggerated. The similarities do not need to be harmonised. Rather, they need to be acknowledged and appreciated. If the differences between Shari’ah and common law, which undoubtedly exist as evidenced in this book, are approached from the position of appreciation for commonalities, the ambiance to reconcile the differences would be more conducive to the harmonisation process which would, in that case, be reflective of compromise. This book is intended to help readers better understand Shari’ah and common law and aid harmonization efforts when needed.

Covid 19  Business Law Legal Implications of a Global Pandemic 1st Table of contents:

Adnan Trakic 1 COVID-19 and Business Law: Challenges and Opportunities

Introduction

Key Objectives and Research Approach

Structure and Framework

Conclusion

Vazeer Alam Mydin Meera, Abdul Majid, Mei Yee Lee 2 The Impact of COVID-19 on Contractual Obligations in Malaysia

Introduction

The Statutory Basis of Measures Adopted by the Malaysian Government to Counter the COVID-19 in Malaysia

The Doctrine of Frustration and the Force Majeure Clause in Contract Law

The COVID-19 Act

Comparison with Singapore’s COVID-19 Act 2020

Limitation

Bankruptcy

The Hire Purchase Act 1967

Defect Liability Period for Housing Accommodation

The Housing Development (Control and Licensing) Act 1966

The Consumer Protection Act and Credit Sales

Conclusion

Ashgar Ali Ali Mohamed, Chithra Latha Ramalingam 3 COVID-19 and Its Influence on Selected Employment Relationship Issues

Introduction

Flexible Working Arrangements and Conflict of Interest

Annual Leave and Absenteeism

Deduction of Worker’s Wages

Force Majeure Clause in Employment Contract

“Redundancy”, “Retrenchment”, and “Lay-Off”

Retrenchment Procedure and Compensation

Occupational Stress

Conclusion

Joo-Ee Gan 4 Look What COVID-19 Unveiled: The Lack of Insolvency Protection by Malaysian Travel Companies

Introduction

Regulatory Safeguards Under the Tourism Industry Act 1992

MATTA’s Role in Consumer Protection

Disruptions in the COVID-19 Environment

The European Package Travel Directive as a Benchmark

Expansion in the Regulation of the Tourism Industry

Modes of Providing Insolvency Protection

The Role of the State

Conclusion

Loganathan Krishnan 5 Implications of the COVID-19 Pandemic for the Malaysian Companies Act 2016

Introduction

Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020

Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020

Implications of the Pandemic for the Companies Act 2016

Virtual General Meetings

Written Resolutions

E-Notice for Company Meetings

Virtual Board Meetings

Lodgement of Statutory Documents

Directors of a Company

Corporate Rescue Mechanisms

Presumption of Insolvency

Measures Taken by the Regulators

Virtual General Meetings

Extension of Time to Hold Annual General Meeting

A Moratorium for Lodgement of Statutory Documents

Extension of Time for Lodgement of Financial Statements

Extension of “2020 Compliance Campaign”

Presumption of Insolvency

Lessons from Other Jurisdictions

United Kingdom

Singapore

Australia

Reforms to Address the Implications

Conclusion

Sunitha S. Sivakumaran 6 COVID-19 Pandemic and Competition Law

Introduction

Malaysian Law – Key Provisions of the Competition Act 2010

Chapter 1 Prohibition – Anti-Competitive Agreements

Relief from Liability and Exemptions

Exemptions

Chapter 2 Prohibition – Abuse of Dominance

Penalties

Responses and Measures

Horizontal Agreements – Crisis Cartels

Abuse of Dominant Position

Conclusion

Shanthy Thuraisingham, Danusha Rachagan 7 Discussions on Human Rights and the Rule of Law in the COVID-19 Reality

Introduction

Limitations and Derogations of Human Rights in Time of Emergency

Fundamental Human Rights Standards

Privacy

Accountability

Conclusion

Priya Sharma 8 COVID-19 and Trafficking of Migrant Workers for Forced Labour

Introduction

Trafficking in Persons (TIP) Report

Criminalization and Prosecution of Trafficking in Persons Offences

(a) The Actus Reus

(b) The Means

(c) The Purpose

The COVID-19 Pandemic Exacerbates the Problem

Conclusion

Ridoan Karim 9 The Importance of Legal Services During the COVID-19 Pandemic

Introduction

Digitization of the Legal Services During the Pandemic: Prospects and Challenges

Importance of Legal Service in Ensuring Access to Justice in the Context of COVID-19

Legal Assistance as an Essential Service

Conclusion

Adnan Trakic 10 COVID-19 and Business Law: Findings and Recommendations

Introduction

Relief for Contractual Breaches

Work-Related Challenges

Tourism-Related Challenges

Relief for Companies

Businesses – Cooperation and Dominance

Human Rights and the Rule of Law

Human Trafficking of Migrant Workers for Forced Labour

Access to Legal and Judicial Services

Conclusion

Notes on Contributors

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