What is a Section Twenty representation?
You want to challenge your dismissal and keep hearing about this filing.
A Section 20 representation is the filing that starts an unfair dismissal case in Malaysia. Everything from conciliation to a court award flows from it.
What does it mean?
The name comes from Section 20 of the Industrial Relations Act 1967. It lets an employee who believes they were dismissed without just cause or excuse ask, in writing, to be reinstated.
You send it to the Director General of Industrial Relations, not to a court. This one filing puts your case into the official system.
Why does it matter to you?
This filing has a hard deadline: you must lodge it within 60 days of your dismissal.1 Missing that date is one of the few mistakes in this process that is very hard to fix.
Once filed, your case moves to conciliation at JPPM, the Industrial Relations Department (Jabatan Perhubungan Perusahaan Malaysia). It arranges a meeting to try to settle the dispute before it goes further.
How do you file one?
Set out your name, your employer’s details, your dismissal date and a short account of what happened, in order. Keep your contract, payslips and any dismissal letter ready to attach.
The 60 days start from your dismissal date, not from when you feel ready. Confirm your exact deadline on the deadline calculator before you do anything else.
If your case does not settle at conciliation, it is referred to the Industrial Court for a full hearing.
If you want a lawyer to prepare and file it for you, send your dates and what happened to an independent employment lawyer. They can review whether it is a case they can act on.
If you are weighing a Section 20 representation, an independent lawyer can review what happened and when. They can handle the claim if it is worth pursuing.
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
Do I need a lawyer to file this representation?
No, you can file it yourself, because the process is designed to be accessible. Some people still speak with a lawyer first, so the filing is complete and the facts are set out clearly.
What happens right after I file?
The Department of Industrial Relations opens a file and arranges conciliation, a meeting where an officer helps both sides try to settle. If that fails, your case moves toward the Industrial Court.
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 within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you are weighing a Section 20 representation, an independent lawyer can review what happened and when. They can handle the claim if it is worth pursuing.
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.