Do you count as a workman?
A high salary does not stop you from challenging an unfair dismissal.
Workman sounds like a word that leaves out office staff. In Malaysian dismissal law it means something much broader than the everyday sense.
What it means
Workman is the term the Industrial Relations Act uses for an employee protected by its rules. That includes the right to challenge a dismissal as unfair through Section 20.
This is separate from the Employment Act, which sets baseline entitlements such as notice and leave. Before the 2023 reforms widened its coverage, that Act applied only up to a salary threshold.1
Why it matters to you
You can still bring an unfair dismissal claim even where some Employment Act benefits do not apply at your pay level. The two laws serve different purposes.
This matters most for higher earners, who sometimes assume their salary puts them outside protection. The unfair dismissal route usually still applies to them.
Does your job title change anything
Titles such as manager or executive do not remove you from protection. What matters more is the substance of your role, and whether you really made independent decisions for the company.
If you are unsure where you stand, read about unfair dismissal in general. Check your filing window on the deadline calculator whatever your salary.
A lawyer can quickly confirm whether your role and pay change anything in your case.
If you are unsure whether you count as a workman and are considering a claim, an independent employment lawyer can look at your facts. They can advise whether 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
Does earning a high salary block me from claiming unfair dismissal?
No. The Industrial Relations Act's protection against unfair dismissal is not limited by salary the way some Employment Act benefits are, so a high earner can still generally bring a claim.
Are managers excluded from being a workman?
Some senior executive roles with real decision-making power can raise arguments about coverage, which depends on the facts. Most managers are still treated as workmen for this purpose.
Sources
- Employment Act 1955 amendments in force from 1 January 2023 extended statutory coverage to all employees regardless of wage, while the unfair dismissal route under Section 20 of the Industrial Relations Act is a separate protection covering workmen regardless of salary. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
If you are unsure whether you count as a workman and are considering a claim, an independent employment lawyer can look at your facts. They can advise whether 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.