Frequently Asked Questions (FAQs) on Employment Law in Malaysia

The Industrial Court handles disputes related to termination of employment Malaysia, dismissals, and industrial relations Malaysia.

Female employees are entitled to 98 days of maternity leave Malaysia and maternity allowance if conditions are met.

Yes. You typically have 60 days from the termination of employment Malaysia to file a claim at the Industrial Relations Department.

Overtime is calculated at 1.5x your hourly rate on weekdays, 2x on rest days, and 3x on public holidays.

Yes. Foreign workers are also protected under the Malaysian employment act, especially for wages, safety, and benefits.

Under the Malaysian Employment Act, employees earning RM4,000/month or less are generally entitled to overtime pay Malaysia.

Key elements include job scope, salary, working hours, leave entitlements, termination clauses, and dispute resolution methods.

Resignation is voluntary, while termination of employment in Malaysia is employer-initiated and must be legally justified.

A wrongful dismissal occurs when an employee is terminated without valid reason or proper procedure, violating labour law Malaysia.

Probation typically lasts 3–6 months. During this time, either party can terminate with shorter notice, unless stated otherwise.

Workplace harassment Malaysia includes verbal abuse, bullying, sexual harassment, or any behaviour creating a hostile environment.

VSS is an employer-offered alternative to retrenchment. Accepting it waives your right to claim unfair dismissal in Malaysia.

Salary disputes can be resolved via HR mediation, Labour Department complaints, or by consulting an employment lawyer near me Malaysia.

You are entitled to sick leave Malaysia as per your years of service. Ensure proper medical certification is submitted to your employer.

Yes. You can file a claim with the Industrial Relations Department or seek help from an employment lawyer Malaysia.

You can file a complaint with the Labour Department or seek advice from a discrimination at work Malaysia specialist.

Employees can dispute retrenchment if it violates employee rights in Malaysia or is done in bad faith.

Search “employment lawyer near me Malaysia” or contact Employment Law Malaysia, a leading employment law advisory firm in Kuala Lumpur, Malaysia.

Yes, but it must follow procedures under retrenchment law Malaysia, including notification to authorities and employee compensation.

If you were dismissed without a show cause letter, hearing, or valid performance issues, it may constitute unfair dismissal.

Only under serious misconduct, with proper evidence. Otherwise, termination must comply with notice periods or payment in lieu.

No. Forced resignation may be considered constructive dismissal, which is a form of wrongful dismissal Malaysia.

This violates the Malaysian employment act. You may lodge a complaint or seek legal aid from a labour law Malaysia expert.

Under employment law Malaysia, you have the right to challenge unfair dismissal and seek compensation if the termination was unjustified.

Unless restricted by the employment contract in Malaysia, it is generally legal unless it affects job performance or creates a conflict of interest.

They are often used interchangeably, but Labour Law Malaysia refers to statutory rules, while Employment Law Malaysia also includes contractual and common law principles.

Employment Law Malaysia is a trusted employment advisory law firm in Kuala Lumpur, Malaysia, offering services in wrongful dismissal Malaysia, employment contract Malaysia, and employee rights in Malaysia.

The Malaysian Employment Act 1955 governs basic employment terms and employee rights in Malaysia, including working hours, salary, termination, and benefits.

An industrial relations lawyer Malaysia assists in resolving disputes between employers and employees, especially in unionised environments.

Yes. A written employment contract Malaysia ensures clear terms of employment and protects both parties legally.