Termination and Dismissal Under Employment Law in Malaysia

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Termination of employment is a sensitive and often misunderstood area of labour law in Malaysia. Whether you are an employer managing workforce reduction or an employee facing an unexpected dismissal, understanding your rights and obligations is crucial.

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At EmploymentLawMalaysia.com, our experienced team at a top-rated employment law firm in Kuala Lumpur offers strategic guidance and legal protection in all matters of dismissal, termination, and separation. With seasoned expertise, our employment lawyers in Malaysia ensure that you receive clear and effective employment law advice in Malaysia, tailored to your situation.

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⚖️ Wrongful and Unfair Dismissal – Know Your Rights

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Wrongful or unfair dismissal occurs when an employee is terminated without just cause or due process. Under Malaysian law, employers must follow specific procedures before dismissing any staff. If these are not adhered to, the dismissal may be deemed unlawful.

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Our trusted wrongful termination lawyers in Malaysia can help you:

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• Challenge an unfair dismissal in the Industrial Court

• Seek reinstatement or compensation

• Understand your rights under the Employment Act 1955

 

Don’t let an unlawful dismissal go unchallenged—get legal support from a reliable employee rights lawyer in Malaysia today.

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🏛️ Constructive Dismissal – Forced Resignation Explained

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If your working conditions have become intolerable—due to harassment, non-payment of salary, or unreasonable changes in role—you may be entitled to claim constructive dismissal. This means you were forced to resign due to the employer’s conduct, and it is legally treated as a dismissal.

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A skilled employment lawyer in Malaysia can evaluate your case and represent you through the correct legal channels. We often work with clients in toxic work environments, including those involving workplace discrimination, where our workplace discrimination lawyers in Malaysia provide holistic support.

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🔍 Dismissal for Misconduct – Due Process Is Key

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Dismissal for misconduct (e.g. dishonesty, absenteeism, insubordination) must follow fair investigation and disciplinary procedures. Employers who fail to conduct proper domestic inquiries risk legal consequences.

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As a reputable employment contract advisors and lawyers in Malaysia, we assist employers in:

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• Drafting misconduct policies

• Handling termination processes in compliance with the Employment Act 1955

• Avoiding claims of wrongful termination

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Likewise, employees unfairly dismissed for alleged misconduct should consult an employee rights lawyer in Malaysia to protect their legal standing.

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📉 Retrenchment Laws in Malaysia – Legal Layoff Procedures

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Retrenchment due to restructuring, downsizing, or business closure is permitted under Malaysian law but must follow strict procedures:

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• Compliance with the Code of Conduct for Industrial Harmony

• Use of objective selection criteria (e.g. LIFO – Last In First Out)

• Notification to the Labour Department via Form PK

 

Our team includes knowledgeable industrial relations lawyers in Malaysia who represent both employers and employees in retrenchment disputes and Industrial Court proceedings.

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📄 Resignation vs. Termination – Key Legal Differences

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Understanding the difference between voluntary resignation and termination by employer is critical. Each has different consequences for:

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• Notice periods

• Final salary and benefits

• Eligibility for legal claims

 

If you're unsure about your legal position, especially after a contentious separation, our team offers personalized employment law advice in Malaysia to clarify your rights and next steps.

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📍 Need Legal Help? Search for “Employment Lawyers Near Me” in Malaysia

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From Klang Valley to other parts of Malaysia, our experienced team of employment lawyers near you is here to guide you through any dismissal or termination issue. Whether you need an expert employment lawyer in Malaysia for negotiation, representation, or advisory work, we’re just a call away.

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Let us help you navigate your employment rights with professionalism and care.

📞 Contact Us Today
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