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Author	Prof Kamal Halili Hassan
Organisation/Institution	Universiti Kebangsaan Malaysia
Country	MALAYSIA
Panel	Labor and Employment Law
Title	Employee Rights in Corporate Merger-Related Terminations: A Comparative Study of Malaysia and Indonesia
Abstract	Corporate mergers have become a defining feature of modern business restructuring across Southeast Asia, often resulting in employment terminations and workforce realignments. These developments raise critical questions about the extent to which domestic labour laws protect employees affected by corporate consolidation. This paper provides a comparative analysis of Malaysia and Indonesia, focusing on the legal treatment of employee rights in merger-related terminations. It examines how both jurisdictions reconcile the competing goals of business efficiency and social justice in the context of industrial relations. The study adopts a doctrinal comparative legal approach, drawing upon statutory instruments, judicial decisions, and policy documents to assess the adequacy of existing protections. In Malaysia, the Employment Act 1955 and the Industrial Relations Act 1967 regulate termination based on the principle of “just cause and excuse,” yet offer no specific provisions for mergers, leaving significant discretion to employers. In contrast, Indonesia’s Manpower Law (Law No. 13 of 2003, as amended) imposes more robust obligations on employers, including mandatory severance payments, prior consultation, and government approval before termination. The analysis reveals that Indonesia’s legal framework provides comparatively stronger safeguards, reflecting a more interventionist stance aligned with social welfare objectives. Malaysia’s system, by contrast, prioritizes managerial flexibility and economic competitiveness. The paper concludes that aligning Malaysia’s merger-related termination laws with international labour standards and ASEAN commitments could strengthen employee protection, enhance corporate accountability, and contribute to fairer labour governance in regional integration efforts.
Biography	Kamal Halili bin Hassan, PhD served at the Faculty of Law, Universiti Kebangsaan Malaysia (UKM) from 1986 until his compulsory retirement in August 2020. He resumed service as a professor at UKM from April 2024 to the present. His areas of expertise include labour law, occupational safety and health law, as well as law and economics, with a focus on Regulatory Impact Analysis (RIA). Dr. Kamal also teaches Legal Research Methodology and Contract Law. Prof Kamal have supervised around 15 PhD students on topics related to labour law, occupational safety and health law, and e-contracts/e-commerce, and have also served as an external examiner for several PhD theses at both local and international universities. He has produced more than 120 publications in various forms, including academic books, indexed journal articles, book chapters, and conference papers. His most recent book is Legal Aspects of Industrial Safety in Malaysia (2024). Prof Kamal has led and participated in numerous research projects funded by universities, government agencies, and international organisations. Prof Kamal is a former Dean of the Faculty of Law, UKM (2003–2009) and Director of UKM Press (2017–2019). He was admitted to the Malaysian Bar in 1985. He is currently serving as an expert member of the Malaysian Labour Law Reform Committee, appointed by the Ministry of Human Resources, Malaysia.