What is Industrial Court? Are you wrongfully terminated by Employer?
Hi Everyone welcome back to Guardian of Law!
Today is our first video in the year of 2021 and we are going to talk about Industrial Court?!
Have you ever wonder, after you are wrongfully terminated by your employer and you are wondering what you suppose to do right now to gain back your right?
A former employee whose employment is terminated by the employer may make a representation to the Director General for Industrial Relations (or in layman term pergi Ke Jabatan Perhubungan Perusahaan Malaysia) if he considers that he or she was dismissed without just cause or excuse.
You may go to this website http://jpp.mohr.gov.my/
The representation must be filed within 60 days from the date of dismissal. Then, Jabatan Perhubungan Perusahaan Malaysia will have organize a conciliation session between employer and employee to see whether is there any settlement between both parties.
In the event the case cannot be resolved through conciliation, the Director General of Industrial relations shall notify the Minister of Human Resources accordingly. The Minister of Human Resources may, if he thinks fit, refer the representation to the Industrial Court for determination.
The former employee may seek for reinstatement of his or her employment or compensation and backwages of up to 24 months (or 12 months for probationers).
The Industrial Court hearing is typically conducted in the manner of a trial whereby the parties call witnesses and produce documentary evidence to support their case.