Dismissed From a Job in Kelantan
A small shop or family business in Kelantan is bound by the same law as any employer.
Kelantan’s formal private workforce is smaller than in the industrial states. It spreads across small trading businesses, government-linked bodies and a wide agricultural base around Kota Bharu.
The same unfair dismissal process still applies, whatever the size of the employer.
A different kind of workforce
Many workers in Kelantan are employed by small, sometimes family-run trading businesses rather than large companies. Paperwork can be informal or thin.
Others work for government-linked bodies or statutory agencies around Kota Bharu, where the employment terms can look different from a typical private company.
Whichever applies to you, the employer still carries the burden of showing your dismissal had just cause.2
Protections that apply regardless of business size
The Section 20 route does not exempt small employers. A dismissal from a small shop in Kota Bharu still needs a genuine, specific reason.
Employment Act protections since January 2023 apply the same way here, including the rule against dismissing a pregnant worker.1
If your employer alleged misconduct, the same standard of proof applies. It makes no difference whether the business has five staff or five hundred.
Staff of stallholders around Pasar Siti Khadijah may work on informal daily arrangements. A regular working pattern can still count as employment.
Filing a Kelantan case
Kelantan has no Industrial Court branch of its own. A claim goes to the Industrial Court, and JPPM tells you which Industrial Court branch will hear it.
Conciliation runs first through the JPPM office for Kelantan, based in Kota Bharu.
Bring whatever record you have of the dismissal, even a text message or a verbal warning written down afterward.
Use the deadline calculator with your last working day.
If you want an employment lawyer to act, send your dates and what happened, even if your paperwork is informal. An independent lawyer may review the facts and replies about whether and how they can act.
If you worked for a trading business or a larger employer in Kelantan and want a lawyer to act on your dismissal, send your dates and what happened. An independent employment lawyer may review the facts and replies about whether and how they can act.
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
I worked for a small family-owned shop in Kota Bharu, not a big company. Does the same law still cover me?
Yes. Section 20 does not depend on the size of the business, so a small trading shop is bound by the same requirement to show just cause as a large employer. Keep whatever paperwork exists, even if it is informal.
My employer dismissed me shortly after I told them I was pregnant. Is there anything specific that protects me?
Yes, since January 2023 the Employment Act has prohibited dismissing an employee because she is pregnant, and this applies to employers of any size in Kelantan. Set out the timing between telling your employer and the dismissal clearly.
I work for a statutory body in Kota Bharu rather than a private company. Does this process still apply?
Many statutory body and government-linked staff are still workmen under the Industrial Relations Act, though the exact position depends on your specific employer and contract. It is worth checking your contract terms alongside your dismissal letter.
Sources
- The Employment Act 1955 amendments in force from 1 January 2023 extended coverage to all employees regardless of wage and prohibit terminating an employee because she is pregnant. Malay Mail
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
If you worked for a trading business or a larger employer in Kelantan and want a lawyer to act on your dismissal, send your dates and what happened. An independent employment lawyer may review the facts and replies about whether and how they can act.
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.