The Law That Lets You Challenge Dismissal
You want to know what rights this one section gives a dismissed worker.
Most unfair dismissal claims in Malaysia start under Section 20 of the Industrial Relations Act 1967. People usually call it “the 60-day window”.
What does Section 20 say?
It lets a dismissed employee complain in writing to the Director General of Industrial Relations and ask to be reinstated, within a strict deadline.1
The law calls this complaint a representation. It is a formal written claim, not an informal letter or a verbal complaint to human resources.
Who can rely on this section?
It covers a workman under the Industrial Relations Act, a legal term wider than it sounds and not tied to any salary level.
Most employees fall within it, including many with manager or executive titles. A senior job title alone does not remove this right.
What does the law give you?
The remedy this section is built around is reinstatement, getting your old job back, not a payout. Money is a secondary outcome.
If reinstatement is ordered, or awarded in place of it, back wages or compensation can follow. The employer, not you, carries the burden of proving the dismissal was fair.2
What happens once you file?
Filing starts a process and does not bring an instant decision. The Director General first arranges conciliation, a meeting meant to help both sides settle without a full hearing.
If conciliation does not resolve things, your case can move to the Industrial Court for a hearing on the merits.
What should you do today?
Confirm your dismissal date, then count the days you have left with the deadline calculator. This section does not bend on time.
Once your dates are clear, a Section 20 representation is the filing this law describes. Get the facts right before you submit it.
If you are thinking of challenging your dismissal under Section 20, send your dismissal date and what happened. An independent employment lawyer can review it and file the representation 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
Does Section 20 apply to every kind of employee?
It applies to a workman under the Industrial Relations Act, a term wider than it sounds and not limited to low-wage staff. Most employees, including many managers, are covered.
Do I need a lawyer to use Section 20?
You can file the representation yourself, though a lawyer can help you set out the facts clearly before the deadline. Solicitors are also not permitted to appear at the conciliation stage.
What does the law actually ask for, money or my job back?
The wording centres on reinstatement, getting your job back. Money such as back wages or compensation only comes in if reinstatement is ordered, or awarded instead of it.
What happens after I file under this section?
The Director General arranges conciliation between you and your employer first. If that does not resolve things, your case can move forward 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, asking to be reinstated, within 60 days of the dismissal, under Section 20 of the Industrial Relations Act 1967. Mah Weng Kwai & Associates, Unfair Dismissal
- In an unfair dismissal case, the burden of proof rests with the employer, who must show the dismissal was made with just cause or excuse. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you are thinking of challenging your dismissal under Section 20, send your dismissal date and what happened. An independent employment lawyer can review it and file the representation 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.