20- 21 feb 2020 concorde hotel, kuala lumpur … · chief justice of international financial centre...

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LEGAL PLUS SDN BHD Suite 33-01, 33rd Floor ,Menara Keck Seng, Jalan Bukit Bintang, 55100 Kuala Lumpur www.legalplus.com.my | E-mail : [email protected] T : +603 2116 5894 | F: +603 2116 5895 Legal Plus is proud to present the Labour Law Conference 2020. This Conference aims for participants to develop understanding on employment law and build confidence to handle challenges at workplace. Thus, the participants will be equipped to handle challenges and changes at the workplace as well as being updated with the developments in employment law. The Conference features distinguished speakers from the Judiciary, Industrial Court ,Leadings Lawyers and HR practitioners from the Corporate Sector. Don’t miss the opportunity to meet the speakers. We look forward to seeing you at the Conference which provides you a platform to get connected, equipped and educated with knowledge as well as solutions on labour and employment law. Who Should Attend Business Owners, CEOs, COOs, Human Resources Directors,Senior Managers, Corporate Managers, Human Resources Manager, Human Resources Practitioner, Industrial Relation Manager, Human Resources Executives, Corporate Officers, Lawyers and those involved in managing employees at the workplace. KEYNOTE ADDRESS By YA Tuan Anand Ponnudurai Judicial Commissioner of the High Court of Kuala Lumpur The Honourable Society of Lincoln’s Inn Alumni Association,Malaysia 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur Jointly organised by :

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Page 1: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

LEGAL PLUS SDN BHDSuite 33-01, 33rd Floor ,Menara Keck Seng,Jalan Bukit Bintang, 55100 Kuala Lumpurwww.legalplus.com.my | E-mail : [email protected] : +603 2116 5894 | F: +603 2116 5895

Legal Plus is proud to present the Labour Law Conference 2020. This Conference aims for participants to develop understanding on employment law and build confidence to handle challenges at workplace. Thus, the participants will be equipped to handle challenges and changes at the workplace as well as being updated with the developments in employment law.

The Conference features distinguished speakers from the Judiciary, Industrial Court ,Leadings Lawyers and HR practitioners from the Corporate Sector. Don’t miss the opportunity to meet the speakers. We look forward to seeing you at the Conference which provides you a platform to get connected, equipped and educated with knowledge as well as solutions on labour and employment law.

Who Should AttendBusiness Owners, CEOs, COOs, Human Resources Directors,Senior Managers, Corporate Managers, Human Resources Manager, Human Resources Practitioner, Industrial Relation Manager, Human Resources Executives, Corporate Officers, Lawyers and those involved in managing employees at the workplace.

KEYNOTE ADDRESSBy YA Tuan Anand PonnuduraiJudicial Commissioner of the High Court of Kuala Lumpur

The Honourable Societyof Lincoln’s Inn AlumniAssociation,Malaysia

20- 21 Feb 2020Concorde Hotel, Kuala Lumpur

Jointlyorganised by :

Page 2: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

T H U R S D A Y2 0 F E B R U A R Y 2 0 2 0

8.00 am REGISTRATION

9.00 am WELCOME ADDRESSBy YA Bhg Tun Zaki AzmiChief Justice of International Financial Centre Dubai,Retired Chief Justice Justice, Malaysia,Chairman of Legal Plus Sdn Bhd

09.10 am KEYNOTE ADDRESSBy YA Tuan Anand PonnuduraiJudicial Commissioner of the High Court of Kuala Lumpur

10.00 am SPECIAL ADDRESSBy YA Tuan Eddie YeoPresident, Industrial Court, Malaysia

10.45 am COFFEE BREAK

11.15 am LAW OF INSUBORDINATION : TO FOLLOW OR NOT TO FOLLOW A SUPERIOR's ORDER ? By Mr Sivabalah NadarajahPartner, Shearn Delamore & Co

12.15 pm DIGITAL AGE:DIGITAL MISCONDUCT CASES & HOW TO MANAGE ?By Ms Selvamalar AlagaratnamPartner, Skrine

1.15 pm NETWORKING LUNCH

2.30 pm PROTECTING YOUR COMPANY’S BEST KEPT SECRETS WITH RESTRICTIVE COVENANTSBy Ms Janice Anne LeoPartner, Steven Thiru & Sudhar Partnership

3.30 pm PROLONGED ILLNESS & DISABILITY – FRUSTRATION OF EMPLOYMENT CONTRACT?By Mr Donovan CheahPartner, Donovan & Ho

4.30 pm TEA BREAK

4.45 pm END

CONFERENCECONFERENCEPROGRAMMEPROGRAMME14 FEB 2020early bird rate before/on

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Page 3: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

LEGAL PLUS SDN BHDSuite 33-01, 33rd Floor ,Menara Keck Seng, Jalan Bukit Bintang

55100 Kuala Lumpur | www.legalplus.com.my E-mail : [email protected]

T : +603 2116 5894 | F: +603 2116 5895

CONCORDE HOTEL, KUALA LUMPUR

VISIT WWW.LEGALPLUS.COM.MY | CONTACT : JOVIN / JENNIE CHEW

bar council malaysia cpd points :

2 0 - 2 1 F E B R U A R Y 2 0 2 0

F R I D A Y2 1 F E B R U A R Y 2 0 2 0

9.00 am SECTIONS 12A AND 12B OF THE INDUSTRIAL RELATIONS(AMENDMENT) BILL 2019 : A BOON OR THE DEATH KNELLFOR TRADE UNIONISM IN MALAYSIA?By Mr Alex Nandaseri De SilvaSenior Partner, Bodipalar Ponnudurai De Silva

10.00 am PERSONAL PRIVACY RIGHTS & WORKPLACE OBLIGATIONS:THE PDPA EMPLOYERS' BACKGROUND SEARCH OF EMPLOYEESBy Pn Adlin A MajidPartner, Lee Hishammuddin Allen & Gledhill

11.00 am COFFEE BREAK

11.30 am LOVE & ROMANCE IN THE OFFICE - STRIKING THE RIGHT BALANCE WITH WORKPLACE ETHICSBy Ms Wong Keat ChingPartner, Zul Rafique & Partners

12.30 pm PREPARING FOR THE FUTURE WORKFORCE:THE ART OF WORKING DIFFERENTLYBy Ms Salika SuksuwanExecutive Director, Human Capital, PricewaterhouseCoopers,Malaysia

1.30 pm NETWORKING LUNCH

2.30 pm MISTAKES TO AVOID IN PERFORMANCE MANAGEMENTBy YBhg Dato’ T. ThavalingamPartner, Lee Hishammuddin Allen & Gledhill

3.30 pm CORPORATE LIABILITY ON CORRUPTION: IS THE COMPANY READY?By Pn Idza HajarPartner, Zul Rafique & Partners

4.30 pm CLOSING REMARKSBy YBhg Tan Sri James FoongRetired Judge, Federal Court Malaysia and Directorof Legal Plus Sdn Bhd

4.45 pm TEA BREAK

5.15 pm END

Page 4: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

L i s t o f S p e a k e r s

YA Tuan Anand PonnuduraiJudicial Commissioner of theHigh Court of Kuala Lumpur

Anand was called to the Malaysian Bar in 1991 and embarked on his legal career at Shearn Delamore & Co. and was in their well-established industrial law department. He then joined Lobo & Associates in 1994 and subsequently Sri Ram & Co. in 1998, and in those years, he continued to practice predominantly in the field of Employment Law / Industrial Relations and Administrative Law. In 2001, Anand left to form BPD (formerly known as BPN) together with Fiona Bodipalar.Anand is listed in Chambers Asia as one of Asia’s leading lawyers in the Employment and Industrial Relations arena.

He was the Chairman of the Kuala Lumpur Bar from 2009 -2011. He was also the Chairman of the Malaysian Bar Council’s Industrial and Employment Law Committee for many years until 2019. Anand has also authored the Malaysian Chapter in the Treatise “International Employment Law” published by the Center for Legal Studies Vienna and he is also the author of the Chapter o n Employment Law in the publication of Bullen & Leake & Jacob’s Malaysian precedents and pleadings.

He is also an empanelled Arbitrator with the Kuala Lumpur Regional Centre of Arbitration and has been appointed as arbitrator to adjudicate labour disputes.

Anand’s wealth of experience in Employment,Labour Law and Administrative Law is undisputed. His distinctive expertise includes but is not limited to areas such as dispute resolution whereby he acted for a host of corporate clients and multinationals spanninga variety of industries.

He handled a full range of employment matters on a collective basis and in relation to individual employees; he has renowned and notable experience in handling dismissal cases and negotiating collective agreements.

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YA Tuan Eddie YeoPresidentIndustrial Court of Malaysia

YA Tuan Eddie Yeo Soon Chye graduated fromUniversity of Malaya with an LLB (Bachelor of Laws) (Honours) in the year 1984. He was admitted as an Advocate & Solicitor of the High Court of Malaya in August 1993. Prior to his appointment as the President of the Industrial Court on 4.9.2017 by the Yang di-Pertuan Agong under s. 21 (1) (a) Industrial Relations Act 1967, he held several esteemed positions for more than 30 years in the Attorney-General's Chambers and the Judiciary. He commenced appointment in the Judicial and Legal Service on 3 July 1984 as a Federal Counsel with the Civil Division, Attorney-General's Chambers, Kuala Lumpur. Thereafter he held the post of State Deputy Public Prosecutor, Penang, Negeri Sembilan, Melaka and Perlis. In 1991, he was appointed as a Sessions Court Judge in Johar Bahru. Subsequently he was appointed as a Deputy Registrar of the Supreme Court (now Federal Court), Kuala Lumpur and Deputy Registrar (Civil Division), High Court, Kuala Lumpur.Eddie has served in the Judicial and Legal Training Institute (ILKAP), Prime Minister's Department as a Director (Prosecution Programme). He has served as a Deputy Chairman of the Tribunal for Consumer Claims Malaysia in the Ministry of Domestic Trade and Consumer Affairs. Eddie then assumed the position as Head of Prosecution, Perlis in 2004. Thereafter in February 2007, he served as a Deputy Public Prosecutor in the Appeals Unit, Prosecution Division, Attorney-General Chambers, Putrajaya handling criminal appeals in both the Federal Court and Court of Appeal.

On 1.4.2009, Eddie was appointed as Chairman of the Industrial Court Malaysia Kuala Lumpur. Eddie was subsequently appointed as the Chairman of the Customs Appeal Tribunal Ministry of Finance on 15.10.2015.

Labour Law Conference | 20-21 February 2020 | Concorde Hotel, Kuala Lumpur

LABOUR LAWCONFERENCE

20- 21 Feb 2020Concorde Hotel, Kuala Lumpur

Page 5: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

L i s t o f S p e a k e r s

YBhg Dato’ T. ThavalingamPartnerLee Hishammuddin Allen & Gledhill

Dato' Thava handles both advisory and litigation matters in the context of labour and employment law. He has been involved in some of the high-profile employment disputes in recent Malaysian history. He has authored several publications and has been acknowledged by Euromoney as a “leading labour lawyer” in the country. Dato’ Thava is also one of two LHAG partners selectedby the In-House Community as Commended External Counsel of the Year 2017, in recognition of his “efficiency and significant contribution to Labour Law”.

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Mr Donovan Cheah PartnerDonovan & Ho

Donovan leads the firm’s employment law and dispute resolution practice. His work in the profession has been recognised by publications such as the Legal 500, Chambers & Partners, Asialaw and Benchmark Litigation. The Legal 500 Asia Pacific has named him as a recommended lawyer for labour and employment in their 2017, 2018 and 2019 rankings, where he is described as “understanding, efficient and direct“ and “the name to note“. Chambers & Partners lists him as an up and coming practitioner, and Benchmark Litigation ranked him as a Dispute Resolution Star for labour and employment.Donovan assists corporate clients on various employment law issues, including drafting of employment contracts and handbooks, advising on workforce reductions, termination of employees and compliance issues, and representing them in employment litigation such as unfair dismissal claims and judicial review proceedings involving the decisions of the Industrial Court or the Minister of Human Resources.Donovan also has extensive experience in dispute resolution and has represented international corporations in a wide range of matters, including commercial and civil litigation, international arbitrations, intellectual property disputes and construction adjudication. He was the former regional legal counsel for South East Asia of PPG Industries, one of the largest paints and coatings manufacturers in the world. In this role, he oversaw the organisation’s in-house legal services in South East Asia, supporting business units in the region across 6 countries, as well as Australia and New Zealand. Prior to his appointment at PPG Industries, Donovan was an associate in the dispute resolution and intellectual property practice group of Wong & Partners, a member firm of Baker & McKenzie

Donovan is also a registered foreign lawyer with the Singapore International Commercial Court. He is a Fellow at the Singapore Institute of Arbitrators and a member of the Chartered Institute of Arbitrators. He also sits on the Malaysian Bar’s Professional Standards and Development Committee and the Industrial and Employment Law Committee.

Labour Law Conference | 20-21 February 2020 | Concorde Hotel, Kuala Lumpur

Ms Salika SuksuwanExecutive Director, Human Capital, PricewaterhouseCoopers, Malaysia

Salika took on the role of Human Capital Leader at PwC Malaysia after spending close to twelve years with the firm. She leads a team of energetic HR Professionals who are working towards making PwC a leading developer of diverse talent. Passionate about talent diversity, employer branding, and developing an agile workforce, Salika enjoys learning to be tech-savvy from her younger colleagues and can be seen voicing her thoughts through social media and opinion articles. As a Diversity Advocate for TalentCorp, Salika collaborates with a network of HR leaders to champion a higher participation rate of women in the Malaysian corporate workforce. When she’s not at work, Salika takes the time to go for a good run and is currently learning how to speak Mandarin from her young daughter.

Page 6: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

L i s t o f S p e a k e r s

Mr Sivabalah NadarajahPartnerShearn Delamore & Co

Sivabalah has rich experience with trade disputes, collective bargaining, contracts of service, employment issues, industrial actions, judicial reviews, law on dismissals, mergers and acquisitions, minimum wage, occupational health and safety, reorganisations and retrenchment, statutory benefits, and union recognition. He has appeared extensively in the High Court, Court of Appeal, Federal Court and the then Supreme Court, principally for judicial review applications and appeals.

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Ms Wong Keat ChingPartnerZul Rafique & Partners

Wong Keat Ching is a partner in the Employment & Industrial Relations and Litigation practice groups. She holds a Bachelor of Arts in Law (Hons) from the University of Nottingham and the Certificate in Legal Practice (CLP). She was admitted as Advocate & Solicitor of the High Court of Malaya in 1998. Keat Ching is listed in Chambers Asia Pacific and the Asialaw Profiles under Labour and Employment. Keat Ching was part of the ZRp Industrial Relations team that won the Asian Legal Business (ALB) Labour & Employment Law Firm of the Year award in 2015 and 2017, and In-House Community Firm of the Year 2018 for Employment by Asian-mena Counsel. Keat Ching is an active litigator in the Malaysian Courts. She has appeared in the Federal Court to argue issues such as the High Court’s supervisory powers over Industrial Court decisions, dismissal of trade union officials, proportionality of punishment and gender discrimination in retirement age. She also handles contractual disputes in the civil courts. Apart from cases involving discipline, investigation of misconduct and dismissal, Keat Ching also provides regular advice on corporate restructuring affecting employees, in particular M&A exercises; voluntary separation scheme (VSS); restructuring of senior management positions; establishment and closure of foreign companies in Malaysia as well as labour due diligence. Keat Ching served a short stint in Melbourne law firm, Maddocks in 2004. In November 2013, Keat Ching was selected by the China Law Society to attend the 7th China ASEAN Legal Training Course at the Southwest University of Political Science & Law, Chongqing.Keat Ching now serves the Bar Council of Malaysia’s Industrial & Employment Law Committee. She is also an active trainer in the Bar Council Advocacy Training Course. She appears frequently as a speaker in conferences locally and overseas, notably at the 8th LAWASIA Employment Law Conference in Siem Reap in 2013, 27th LAWASIA Conference in Bangkok in 2014 and the LAWASIA Employment Law Forum in Fiji in 2019.

She is the co-author of the Malaysia chapter of Global Legal Insights Employment & Labour Law, 2nd Edition.

Labour Law Conference | 20-21 February 2020 | Concorde Hotel, Kuala Lumpur

Ms Selvamalar AlagaratnamPartner Skrine

Selvamalar is co-head of the firm's Employment practice. She provides integrated support to a wide range of clients in various industries on all employment related matters including dismissals, compliance, trade unions, protection of confidential and proprietary information, and investigations. She also provides strategic advice in internal fraud management advising clients in high profile and highly sensitive matters involving fraud perpetrated by employees.Her practice also extends to acting for medical practitioners in negligence and malpractice suits.

Page 7: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

L i s t o f S p e a k e r s

Ms Janice Anne LeoPartnerSteven Thiru & Sudhar Partnership

Janice Anne Leo joined Messrs Shook Lin & Bok as a Legal Associate, specializing in employment law, and was later appointed as a Senior Legal Associate. She was made a Partner of the firm in 2011. In May 2018, Janice joined the newly established boutique dispute resolution firm called Messrs Steven Thiru & Sudhar Partnership. She has handled numerous employment related disputes at the Industrial Court and judicial review applications at the High Court, appeals at the Court of Appeal and assisted in appeals before the Federal Court. Janice also handles various aspects of employment related advisory work for both local and foreign clients.

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Pn Idza Hajar Ahmad IdzamPartnerZul Rafique & Partners

IDZA HAJAR AHMAD IDZAM is a partner in the Litigation practice group. She obtained her Bachelor of Laws Degree from Universiti Teknologi Mara and was admitted as an Advocate & Solicitor of the High Court of Malaya in 2007.

Idza's main area of practice is corporate and commercial litigation and arbitration and have been involved in some of the most complex shareholder, boardroom and corporate insolvency and restructuring disputes in the country. Idza has appeared in the lower courts, High Court and Appellate Courts of Malaysia and have been involved in a number of landmark decisions on novel principles of law in Malaysia.

Idza specialises in the very niche area of conducting pre-litigation assessment and management exercises and the conduct of litigation forensic exercises which involves :- (i) managing potential disputes before they occur; (ii) assessing and managing risks associated with potential disputes and litigation; and (iii) conducting litigation forensic exercises to determine pitfalls, merits and thereafter crafting strategies for potential disputes. Idza also actively participates in leadership programmes for young lawyers and law students and often appears as a judge for various mooting competitions nationwide. Idza is a Recommended Lawyer in the Legal 500 2019 Asia Pacific for Dispute Resolution. Idza has also been named Future Star by Benchmark Litigation Asia Pacific 2019.

Labour Law Conference | 20-21 February 2020 | Concorde Hotel, Kuala Lumpur

Pn Adlin Abdul MajidPartnerLee Hishammuddin Allen & Gledhill

With years spent in the government sector, Adlinhas a proven background in technology, media and telecommunications, having spent close to a decade with a Malaysian government agency, advising on a range of local, regional and international information and communications technology issues and developing the legal and regulatory framework for the nation's MSC Malaysia status. She is among lawyers in Malaysia with a focus on all aspects of the Personal Data Protection Act 2010. Adlin also has an ILO Client's Choice Award to her name.

Mr Alex Nandaseri De SilvaSenior PartnerBodipalar Ponnudurai De Silva

Alex was called and admitted to the English Bar as a Barrister, Middle Temple in 1991. He was admitted and enrolled as an advocate and solicitor of the High Court of Malaya in 1993. Alex was then admitted as an advocate and solicitor of the Supreme Court of Singapore in 2001. His early years in practice was spent mainly as a junior to the former Chief Justice, Tun Zaki Tun Azmi in Rashid & Lee. Alex then moved on to join Skrine & Co where he worked closely with Mr. Tommy Thomas in mainly corporate, company and shareholder related disputes. He is currently a senior partner in Bodipalar Ponnudurai De Silva. Alex has extensive experience in many areas of civil litigation including company law, defamation, land and contractual disputes. He has also appeared in several landmark decisions of the Federal Court in the area of Trade Union law. Alex has been widely reported in the law journals over the years. Alex appears regularly in the High Court and also both the Court of Appeal and the Federal Court. Alex has also acted and appeared in numerous arbitrations involving mainly commercial/contractual disputes. Alex is actively involved in the Bar Council’s efforts to increase the proficiency and standards of the Bar in the Bar Council’s Advocacy Training Course, particularly in the advanced Appellate Advocacy and Financial Experts’ Courses . Alex has also trained in South Africa, Hong Kong and Singapore.

Page 8: 20- 21 Feb 2020 Concorde Hotel, Kuala Lumpur … · Chief Justice of International Financial Centre Dubai, Retired Chief Justice Justice, Malaysia, Chairman of Legal Plus Sdn Bhd

LABOUR LAW CONFERENCEConcorde Hotel, Kuala Lumpur

Register & payBEFORE/ON

14th Feb 2020

Register & payAFTER

14th Feb 2020

Registration Fee RM 1,750.00 RM 1,900.00

Registration FeeLawyers less than 5 years practice

RM 1,600.00 RM 1,900.00

All registration fees must be attached to registration form or paid before the conference

Conference participation is subject to Legal Plus Sdn Bhd’s Terms & Conditions at www.legalplus.com.my. Your attention is drawn in particular to clause A,E & F.

PERSONAL DATA NOTICEWith the implementation of the Personal Data Protection Act 2010 (“PDPA”), which came into force on 15th November 2013, Legal Plus Sdn Bhd (“us” or “we”) wish to assure you that we take your privacy seriously and are committed to the protection of your personal data and privacy.

A. COLLECTION OF PERSONAL DATA“Your Personal Data” which we process may include information which you have previously provided us with or may subsequently provide to us, concerning your personal details (such as address, email, phone numbers), occupation details (such as job title) and such other personal information that we may process from time to time. You are entitled to withdraw your consent to the processing of your Personal Data at any point in time by notifying us in accordance with Section E below. However, please note that notwithstanding the withdrawal of your consent, we may still proceed to process your Personal Data in circumstances recognized and permitted by law.

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F. GENERALThis Notice may be updated from time to time without prior notice to you. By continuing to communicate with us or by continuing to use our services following modifications, updates or amendments to this Notice, this shall signify your acceptance of such modification, updates or amendments.

Legal Plus Sdn BhdRegistered Office : Suite 33-01, 33rd Floor, Menara Keck Seng, 203, Jalan Bukit Bintang, 55100 Kuala LumpurTel : +603 2116 5894 | Fax : +603 2116 5895

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20 - 21 February 2020 | Concorde Hotel, Kuala Lumpur

LABOUR LAWCONFERENCE