Foreign worker dismissed? Your rights
You are a foreign worker whose job in Malaysia just ended, unsure what protection you have.
Do foreign workers have unfair dismissal rights in Malaysia?
Yes. Section 20 of the Industrial Relations Act protects workmen, and that word is not limited to citizens or permanent residents. This is the basis of a foreign worker dismissal claim.
Your employer still needs just cause or excuse to end your job fairly, whatever your passport says. Being on a work pass does not lower that standard.
How does the Employment Act fit in?
The 2022 amendments to the Employment Act extended coverage to employees regardless of wage. Some hours and overtime rules still depend on salary level.3 That law governs entitlements such as notice and leave.
Your unfair dismissal claim under Section 20 is a separate, broader route. You can use it even where some Employment Act provisions do not apply to your role.
Does your work pass status change anything?
Your right to claim and your work pass are two separate questions. Losing your job can affect your pass timeline, so check both at once.
Sabah and Sarawak run their own labour ordinances alongside the federal Industrial Relations Act. Ask about them if you worked in either state. The Section 20 claim itself is federal and works the same in every state.
Who has to prove the dismissal was fair?
Your employer must show just cause or excuse, exactly as for any other worker.1 You do not start from a weaker position because of your nationality.
What should you do this week?
You have 60 days from your dismissal date to file a Section 20 representation with the Director General of Industrial Relations.2 Use the deadline calculator to see how many days remain.
Keep your contract, pay slips and dismissal letter in one place, in English if you can. Papers get passed between several people during a claim.
If you want someone to act for you, a lawyer can explain how your Industrial Court claim and your immigration status fit together. This is rarely explained side by side.
If you are a foreign worker who was dismissed, an independent employment lawyer can review your claim alongside your work pass and act for you if you have grounds.
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 foreign workers have the same unfair dismissal rights as citizens?
Yes. Section 20 of the Industrial Relations Act covers workmen whatever their nationality. Your employer still needs just cause or excuse, and the same 60-day deadline applies to you.
Does losing my job automatically cancel my work pass?
Your work pass is an immigration question, separate from your unfair dismissal claim. Ask about both, because one does not decide the other and the timing of each can matter.
Does it matter which state in Malaysia I worked in?
The Industrial Relations Act applies nationwide, so your right to claim is the same everywhere. Sabah and Sarawak use their own labour ordinances for some entitlements, which is worth checking separately.
Who has to prove my dismissal was fair?
Your employer must show a fair reason, the same as for any other worker. Being a foreign worker does not shift that burden onto you.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
- The 2022 amendments to the Employment Act, in force from 1 January 2023, extended coverage to all employees regardless of wage, though the hours and overtime provisions remain limited to those earning up to four thousand ringgit a month. Malay Mail
Keep reading
If you are a foreign worker who was dismissed, an independent employment lawyer can review your claim alongside your work pass and act for you if you have grounds.
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.