PETALING JAYA: The Court of Appeal has allowed an appeal by the Bar Council to challenge an order by the Human Resource Development Corporation compelling lawyers to make mandatory contributions to the training fund.
The court overturned a decision by the High Court last year to dismiss the council’s application for an extension of time to meet the order, and its request for leave to apply for a judicial review against the corporation.
In a circular to its members dated Nov 3, the Bar Council said that as it had been granted leave to apply for a judicial review, there was a stay on enforcement of the HRDC’s 2021 order.
Legal firms and lawyers governed by the Legal Profession Act should not register with HRDC or if already registered, members should stop paying the mandatory levies until the outcome of the case, the Bar Council said.
Under the law governing HRDC, employers with 10 or more Malaysian staff are required to register with the corporation and must contribute a sum equivalent to 1% of the monthly salary of each employee to the human resource development fund.
The Bar Council contends that legal firms should be exempted from the requirement to make HRDF training contributions as the Bar has its own training programmes as part of its continuing professional development. - FMT
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