Dismissed as a foreign worker?
You lost your job in Malaysia and wonder if the law protects you too.
Being told “you are foreign, so different rules apply” is confusing. The core protection is simpler: the unfair dismissal claim does not depend on your nationality.
Can a foreign worker claim unfair dismissal in Malaysia?
Yes. The unfair dismissal claim under Section 20 protects a workman, an employee covered by the Industrial Relations Act, and the Act does not carve out an exception for nationality.
An employee who considers they were dismissed without just cause may make a written representation to the Director General of Industrial Relations within 60 days, asking to be reinstated.1 That window applies to you the same way it applies to any worker.
Does losing your job affect your work permit?
It can. A work pass is tied to a specific employer, so a dismissal puts the pass at risk as well as the job.
This page covers the dismissal claim only. The permit is a separate question, so note your permit’s expiry date next to your dismissal date.
Who has to prove the dismissal was fair?
The same standard applies to you as to any other worker. Your employer has to prove a genuine reason for the dismissal, not you.2
Does it matter which state you worked in?
The Section 20 process itself is federal and works the same way nationwide. What differs by region is statutory coverage under the Employment Act, which applies in Peninsular Malaysia and Labuan, while Sabah and Sarawak have their own Labour Ordinances for similar protections.3
The unfair dismissal claim works the same wherever in Malaysia you worked. What counts is your dismissal date.
What to do this week
Keep your employment contract, payslips, passport and permit documents together, along with anything about how the dismissal happened. A clear copy of each is worth more than trying to remember details later.
Note your permit’s expiry alongside your dismissal date, then work out your exact 60-day window so both timelines are clear before you decide your next step.
If you want a lawyer to act for you, send your dismissal date and permit situation to an independent lawyer. They can review whether it is a case they can take on.
If you are a foreign worker thinking of challenging your dismissal, send your dismissal date and current pass situation. An independent employment lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does being a foreign worker mean I cannot claim unfair dismissal?
No. The right to claim under Section 20 protects a workman covered by the Industrial Relations Act, and nothing in that Act limits it to Malaysian citizens. Your nationality does not close off the claim.
What happens to my work permit if I am dismissed?
Your pass is usually tied to your employer, so a dismissal can put it at risk alongside the employment question itself. This affects your timing, so note your pass expiry date next to your dismissal date.
Does the 60-day deadline apply to me the same way?
Yes. The same 60-day window runs from your last working day, regardless of where you are from. It is easy to lose track of while dealing with permit and travel questions at the same time.
Does it matter if I work in Sabah or Sarawak?
The Section 20 claim process is federal and works the same way nationwide. Sabah and Sarawak instead have their own Labour Ordinances for statutory entitlements, separate from the unfair dismissal route itself.
Will making a claim make my immigration situation worse?
A dismissal claim and your immigration status are separate legal questions. Look at each on its own before you decide how to proceed, and do not guess at the immigration side.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause and excuse for a dismissal rests with the employer, not the employee, once the claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- The Employment Act 1955, as amended in 2022, applies in Peninsular Malaysia and Labuan; Sabah and Sarawak have their own Labour Ordinances for similar protections. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
If you are a foreign worker thinking of challenging your dismissal, send your dismissal date and current pass situation. An independent employment lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.