Are You a Workman Under the Law?

Workman sounds like a factory-floor word, yet in Malaysian dismissal law it covers a far wider group of people.

What does “workman” mean in the statute?

It is the label the Industrial Relations Act uses for an employee protected by its rules, including the right to challenge a dismissal under Section 20.

The definition looks at what you actually do and your relationship with your employer, not the job title on your contract.

Does your salary or title change anything?

Many people worry that a good salary or a manager title removes this protection. On its own, it rarely does.

This question is separate from the Employment Act, which applied only up to a salary threshold until reforms widened it in 2023.¹

Why does the difference matter to you?

You can usually still bring an unfair dismissal claim even where a specific Employment Act benefit would not apply at your pay level.

The two laws protect different things. One sets baseline entitlements, and the other asks whether your dismissal had just cause or excuse.

What can change the answer?

For senior roles, courts look closely at real decision-making power, such as hiring, firing or setting company policy independently.

A title alone rarely settles the question either way. The facts of your role matter more than your name card.

A manager who needs approval for every hire, raise or policy change has less independent power than the title suggests. Note examples like this from your own job.

What should you do today?

Write down your real duties, not just your title. That account is what a lawyer needs to assess where you stand.

Keep your contract, job description and any organisation chart too. They show what you decided yourself and who you reported to.

Read about unfair dismissal for the wider picture, then check your filing window on the deadline calculator, whatever your salary.