Employment Lawyers in Malaysia
Dismissed, forced to resign or facing a disciplinary inquiry? Or planning a restructuring as an employer? Our employment lawyers in Puchong and Kuala Lumpur protect your position and your deadlines, from the first letter to the Industrial Court.
- 15+ years of experience
- 1,000+ cases in the Industrial Court and High Court
- We act for employers and employees
- Online consultations
How We Can Help
- Unfair dismissal and section 20 representations
- Constructive dismissal and forced resignation
- Show cause letters and domestic inquiries
- Retrenchment, redundancy and VSS
- Industrial Court hearings, awards and appeals
- Employment contracts, handbooks and HR compliance
Explore our employment law guides
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
1,000+ Cases
Industrial Court and High Court
Both Sides
Employers and employees
RM893,000
Award won for a dismissed employee
Unfair Dismissal and Section 20 Claims
If you believe you were dismissed without just cause or excuse, you can file a representation with the Director General of Industrial Relations under section 20 of the Industrial Relations Act 1967.
- You must file within 60 days of the dismissal.
- The case goes to conciliation at the Department of Industrial Relations first.
- If it does not settle, the Director General refers it to the Industrial Court.
- The Court can order reinstatement or compensation in lieu of reinstatement, usually one month’s salary per completed year of service.
- Backwages are capped at 24 months for confirmed employees and 12 months for probationers.
We prepare and present representations for dismissed employees, and we defend employers by testing whether the dismissal was justified and procedurally fair.
Constructive Dismissal and Forced Resignation
Constructive dismissal happens when your employer breaches a fundamental term of your contract and you leave because of that breach. Common examples include:
- A pay cut without your agreement.
- A demotion or the removal of key duties.
- A transfer made in bad faith.
You usually need to act promptly and state in writing that you are leaving because of the employer’s conduct. We advise employees before they resign so the claim is protected, and help employers check whether a proposed change can lawfully be made.
Misconduct, Show Cause Letters and Domestic Inquiries
Under section 14 of the Employment Act 1955, an employer may dismiss an employee, or impose a lesser penalty, for misconduct after due inquiry. A fair process normally includes:
- A clear show cause letter setting out the allegations.
- A genuine opportunity for the employee to respond.
- A properly constituted domestic inquiry for serious allegations.
- A decision based on the evidence, with reasons.
We frame charges, prepare inquiry bundles, act as prosecuting officer and review findings for employers. For employees, we prepare replies to show cause letters and advise on representation at the inquiry.
Retrenchment, Redundancy and VSS
A retrenchment must be based on a genuine redundancy and carried out fairly, in line with the Code of Conduct for Industrial Harmony.
- Consider alternatives and consult the affected employees.
- Apply fair selection criteria such as last in, first out.
- Notify the Labour Department using Borang PK at least 30 days before a retrenchment, VSS, lay-off or pay cut, under section 63 of the Employment Act 1955.
- Eligible employees with at least 12 months of service are entitled to termination benefits.
We plan restructuring exercises with employers, and review retrenchment packages and VSS offers for employees before they sign.
Industrial Court Hearings and Appeals
Once a dismissal is referred, the Industrial Court decides whether it was with or without just cause or excuse, acting according to equity, good conscience and the substantial merits of the case.
- We handle pleadings, bundles of documents and witness statements.
- We conduct the trial and file written submissions.
- A party may appeal an award to the High Court within 14 days of receiving it.
- An unpaid award carries interest at 8% a year from the 31st day after the award.
Employment Contracts, Handbooks and Compliance
Malaysian employment law has changed significantly in recent years. Key points for employers include:
- Since 1 January 2023 the Employment Act 1955 applies to all employees, while overtime and termination benefits remain limited to those earning RM4,000 a month or less and other First Schedule employees.
- Normal working hours are capped at 45 hours a week, maternity leave is 98 days and eligible fathers receive 7 days of paternity leave.
- The minimum wage is RM1,700 a month, and Budget 2027 will raise it to RM2,000 from June 2027, with an exemption for MSMEs with sales revenue below RM50 million.
- Employers and foreign workers each contribute 2% to the EPF since October 2025, and the Gig Workers Act 2025 has been in force since 31 March 2026.
We draft and review employment contracts, handbooks and policies so that they comply with the law and protect your business.
Frequently Asked Questions
You must file a representation with the Director General of Industrial Relations within 60 days of the date of dismissal, under section 20 of the Industrial Relations Act 1967. Representations filed late are generally rejected, so seek advice as soon as possible after you are dismissed.
If the dismissal is found to be without just cause or excuse, the Court may order reinstatement or award compensation in lieu of reinstatement, which is usually one month's salary for each completed year of service. Backwages are capped at 24 months for confirmed employees and 12 months for probationers, and the Court may reduce them to reflect post-dismissal earnings or the employee's own conduct.
Constructive dismissal happens when your employer breaches a fundamental term of your contract, for example by cutting your pay or demoting you without your agreement, and you leave because of that breach. You should act promptly and state your reason for leaving in writing. Speak to a lawyer before you resign, because the way you leave can decide the claim.
Section 14 of the Employment Act 1955 requires due inquiry before a dismissal for misconduct, and a domestic inquiry is the usual way to meet that requirement. A failure to hold one is not automatically fatal to the employer, because the Industrial Court hears the evidence afresh, but it often weakens the employer's position.
If you earn RM4,000 a month or less, or otherwise fall within the First Schedule of the Employment Act 1955, and you have at least 12 months of continuous service, you are entitled to termination benefits of 10, 15 or 20 days' wages for each year of service, depending on your length of service. Employees earning more depend on their contract and any retrenchment package offered.
The minimum wage is RM1,700 a month under the Minimum Wages Order 2024, and it has applied to all employers since 1 August 2025. Budget 2027 announced an increase to RM2,000 a month from June 2027, with MSMEs with sales revenue below RM50 million exempted from the new rate.
Both. We advise employers on contracts, policies, disciplinary processes and restructuring, and we represent employees in dismissal claims, negotiations and Industrial Court hearings. A conflict check is carried out before we accept any matter.
Book a consultation online or at our Puchong or Mont Kiara office. Bring your employment contract, any letters from your employer and the relevant messages or emails, so that we can review your documents and advise you on your options and the deadlines that apply.
Speak to an Employment Lawyer
Whether you are an employer planning a disciplinary process or a restructuring, or an employee who has just been dismissed, early advice protects your position and your deadlines. Book a consultation with our employment team.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
