Malaysia legislation
Section 9
Section 9
(2)
Notwithstanding subsection (1), the immunity enjoyed by the foreign State shall not be affected if—
(a)
the employee has been recruited to perform particular functions in the exercise of governmental authority of the foreign State;
(b)
the employee is—
(i)
a diplomatic agent or consular officer as it is defined in the Diplomatic Privileges (Vienna Convention)
Act 1966 [Act 636] and the Consular Relations
(Vienna Convention) Act 1999 [Act 595]
respectively;
Jurisdictional Immunities of Foreign States 13
(ii)
a member of the diplomatic staff of a permanent mission to an international organization or of a special mission, or is recruited to represent a foreign State at an international conference; or
(iii)
any other person enjoying diplomatic immunity;
(c)
the subject matter of the proceedings is the recruitment, renewal of employment or reinstatement of employment of an individual;
(d)
the subject matter of the proceedings is the dismissal or termination of employment of an individual and, as determined by the head of State, the head of Government or the Minister of Foreign Affairs of the employer foreign State, such a proceedings would interfere with the security interests of that foreign State;
(e)
at the time when the proceedings is instituted, the employee is a national of the employer foreign State unless the employee is a permanent resident of Malaysia; or
(f)
the employer foreign State and the employee have agreed in writing that the immunity enjoyed by the foreign
State shall not be affected, subject to any public policy conferring jurisdiction of the court by reason of the subject matter of the proceedings.
(3)
The head of State and the head of Government shall not be immune from the jurisdiction of the court in any proceedings relating to contract of employment with any person in Malaysia in his personal capacity.
Restriction of immunity in proceedings relating to personal injuries, etc., claims