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Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore

True to the concept of justice and equality, the law on the assessment of damages for loss of future earnings in Malaysia do not differentiate between the classes of people claiming for compensation.Section 28A (2) of the Civil Law Act 1956 (Act 67)provide similar method of assessment for both Ma...

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Main Author: Mahdzir, Nazli
Format: Conference or Workshop Item
Language:English
Published: 2013
Subjects:
K Law (General)
Online Access:http://repo.uum.edu.my/11151/1/Nazli2.pdf
http://repo.uum.edu.my/11151/
http://lawconference.uum.edu.my/
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spelling my.uum.repo.111512014-05-26T00:53:36Z http://repo.uum.edu.my/11151/ Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore Mahdzir, Nazli K Law (General) True to the concept of justice and equality, the law on the assessment of damages for loss of future earnings in Malaysia do not differentiate between the classes of people claiming for compensation.Section 28A (2) of the Civil Law Act 1956 (Act 67)provide similar method of assessment for both Malaysian and foreign workers working in Malaysia.This paper discusses the possibility of over-compensating the foreign workers especially those coming from countries with lower income level than Malaysia.The study finds that the law in Malaysia leave no avenue for judges to adjust the assessment of damages for loss of future earnings to take into account the possibility that these workers will be returning to their home countries before the end of their working life and in all probability earning less than what they were receiving in Malaysia. Because of this rigidity in our law, the foreign workers will receive damages for loss of future earning in the amount which represent their income as if they would be earning the same income throughout their working life. Therefore it is hoped the proposal to amend the provisions regarding the assessment of damages for personal injury and fatal accident claims in the Civil Law Act 1956 currently being considered by the Law Revision and Law Reform Division of the Attorney General Chambers will take into account this phenomenon and formulate suitable method to prevent over-compensation. 2013-11-13 Conference or Workshop Item NonPeerReviewed application/pdf en http://repo.uum.edu.my/11151/1/Nazli2.pdf Mahdzir, Nazli (2013) Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore. In: 7th UUM International Legal Conference 2013, 13-14 November 2013, Quality Hotel, City Centre, Kuala Lumpur. http://lawconference.uum.edu.my/
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Mahdzir, Nazli
Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
description True to the concept of justice and equality, the law on the assessment of damages for loss of future earnings in Malaysia do not differentiate between the classes of people claiming for compensation.Section 28A (2) of the Civil Law Act 1956 (Act 67)provide similar method of assessment for both Malaysian and foreign workers working in Malaysia.This paper discusses the possibility of over-compensating the foreign workers especially those coming from countries with lower income level than Malaysia.The study finds that the law in Malaysia leave no avenue for judges to adjust the assessment of damages for loss of future earnings to take into account the possibility that these workers will be returning to their home countries before the end of their working life and in all probability earning less than what they were receiving in Malaysia. Because of this rigidity in our law, the foreign workers will receive damages for loss of future earning in the amount which represent their income as if they would be earning the same income throughout their working life. Therefore it is hoped the proposal to amend the provisions regarding the assessment of damages for personal injury and fatal accident claims in the Civil Law Act 1956 currently being considered by the Law Revision and Law Reform Division of the Attorney General Chambers will take into account this phenomenon and formulate suitable method to prevent over-compensation.
format Conference or Workshop Item
author Mahdzir, Nazli
author_facet Mahdzir, Nazli
author_sort Mahdzir, Nazli
title Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
title_short Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
title_full Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
title_fullStr Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
title_full_unstemmed Damage for loss of future earning for foreign workers in Malaysia: A lesson to be learned from Singapore
title_sort damage for loss of future earning for foreign workers in malaysia: a lesson to be learned from singapore
publishDate 2013
url http://repo.uum.edu.my/11151/1/Nazli2.pdf
http://repo.uum.edu.my/11151/
http://lawconference.uum.edu.my/
_version_ 1644280562890833920
score 13.211869

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