Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker

The introduction of the no-fault rule in the employment injury compensation laws ousted the exclusive defences under common law that has long shielded the employers from becoming responsible for their employees' injury. Although the Employees' Social Security Act 1969 regulates the local w...

Full description

Bibliographic Details
Main Authors:	Mohamad Amin, Noor Shuhadawati, Ali Mohamed, Ashgar Ali, Torla, Areej
Format:	Article
Language:	English
Published:	LexisNexis Malaysia Sdn. Bhd. 2017
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/59461/ http://irep.iium.edu.my/59461/ http://irep.iium.edu.my/59461/1/Ashgar%201%20Fault%20Based%20Principle.pdf

id	iium-59461
recordtype	eprints
spelling	iium-594612017-11-20T07:48:43Z http://irep.iium.edu.my/59461/ Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker Mohamad Amin, Noor Shuhadawati Ali Mohamed, Ashgar Ali Torla, Areej K Law (General) KPG Malaysia The introduction of the no-fault rule in the employment injury compensation laws ousted the exclusive defences under common law that has long shielded the employers from becoming responsible for their employees' injury. Although the Employees' Social Security Act 1969 regulates the local workers has radically abolished the common law defences, leaving only the straightforward no-fault rule, the Workmen's Compensation Act 1952 on the other hand still maintains the civil law suits as an alternative for the migrant worker to claim for damages pursuant to the Civil Law Act 1956whichfounded on the fault-based principle. Hence, the focus of this article is to analyse the two concepts of claims available, the fault-based principle under common law and the recent no-fault rule. The article will also investigate the criticism of the fault-based principle and the no-fault rule within the ambit of the Malaysian employment injury compensation legislations. The main concern of this study are migrant workers therefore, the writers will review the migrant workers right to claim for compensation in the light of the employment injury compensation laws in Malaysia. LexisNexis Malaysia Sdn. Bhd. 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59461/1/Ashgar%201%20Fault%20Based%20Principle.pdf Mohamad Amin, Noor Shuhadawati and Ali Mohamed, Ashgar Ali and Torla, Areej (2017) Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker. Malayan Law Journal, 2 (March-April). xxvii-xlix. ISSN 0025-1283 http://www.lexisnexis.com.my/en-my/products/malayan-law-journal.page
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Mohamad Amin, Noor Shuhadawati Ali Mohamed, Ashgar Ali Torla, Areej Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
description	The introduction of the no-fault rule in the employment injury compensation laws ousted the exclusive defences under common law that has long shielded the employers from becoming responsible for their employees' injury. Although the Employees' Social Security Act 1969 regulates the local workers has radically abolished the common law defences, leaving only the straightforward no-fault rule, the Workmen's Compensation Act 1952 on the other hand still maintains the civil law suits as an alternative for the migrant worker to claim for damages pursuant to the Civil Law Act 1956whichfounded on the fault-based principle. Hence, the focus of this article is to analyse the two concepts of claims available, the fault-based principle under common law and the recent no-fault rule. The article will also investigate the criticism of the fault-based principle and the no-fault rule within the ambit of the Malaysian employment injury compensation legislations. The main concern of this study are migrant workers therefore, the writers will review the migrant workers right to claim for compensation in the light of the employment injury compensation laws in Malaysia.
format	Article
author	Mohamad Amin, Noor Shuhadawati Ali Mohamed, Ashgar Ali Torla, Areej
author_facet	Mohamad Amin, Noor Shuhadawati Ali Mohamed, Ashgar Ali Torla, Areej
author_sort	Mohamad Amin, Noor Shuhadawati
title	Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
title_short	Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
title_full	Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
title_fullStr	Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
title_full_unstemmed	Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
title_sort	fault-based principle and no-fault rule: an analysis of malaysian laws on employment injury compensation to migrant worker
publisher	LexisNexis Malaysia Sdn. Bhd.
publishDate	2017
url	http://irep.iium.edu.my/59461/ http://irep.iium.edu.my/59461/ http://irep.iium.edu.my/59461/1/Ashgar%201%20Fault%20Based%20Principle.pdf
first_indexed	2023-09-18T21:24:14Z
last_indexed	2023-09-18T21:24:14Z
_version_	1777412084770799616

Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker

Similar Items