Dismissed when your work permit ended?
Your work permit lapsed or was cancelled, and your job ended with it.
Your permit was cancelled, delayed in renewal, or tied to a work pass your employer controlled. Your job ended the day the papers stopped being valid.
Losing a permit does not automatically make your dismissal fair. Malaysian unfair dismissal law protects foreign workers the same way as any other worker under the Industrial Relations Act.
Do foreign workers have the same rights against unfair dismissal?
Yes. A foreign worker who believes they were dismissed without just cause can bring the same Section 20 claim as any other employee, whatever their nationality or visa status.
What differs is the added pressure of immigration status, so acting quickly matters even more.
What if my employer caused the permit problem themselves?
Note whether the delay or cancellation happened because your employer failed to renew documents, missed a deadline or made an error in the application.
Keep any correspondence about your permit, including reminders you sent your employer or HR about renewal dates.
Who has to justify a dismissal tied to permit issues?
Your employer must still show just cause or excuse for ending your employment. Pointing to the permit is not an automatic reason.1
If the permit problem came from your employer’s own delay or negligence, that weighs against treating the dismissal as unavoidable.
How long do you have to act, even with visa concerns?
You have 60 days from the date of dismissal to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
If it succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
Separate notice pay and other termination entitlements may also apply.
What should you do this week?
Gather your work permit documents, your contract, and any communication about the permit’s status before the dismissal.
Employment and immigration status can affect your timeline and options, so deal with both early. Use the deadline calculator to check your 60 days.
If you want a lawyer to act on your dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your permit documents and the dates directly to that lawyer. They can review whether it is a case they can act on.
Your work permit was cancelled and your job ended the same day. An independent employment lawyer can review your permit documents and dismissal date, and say whether a claim 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
Can I bring an unfair dismissal claim while my visa status is unresolved?
Yes. The Section 20 process is open to you whatever your visa situation. Practical matters, such as staying in Malaysia during the process, are worth raising early.
What if my employer says they had no choice once the permit expired?
Ask for the full timeline of the permit renewal and whether the expiry was unavoidable or caused by a delay on their side. That timeline matters to whether the dismissal was fair.
Does this claim affect my ability to work for a new employer?
An unfair dismissal claim is separate from your immigration status with a new employer, though the two processes can interact.
Should I act even if I plan to leave Malaysia soon?
The 60-day deadline applies whatever your travel plans, so understand your options before you leave if you can. What is realistic depends on your timeline.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
Your work permit was cancelled and your job ended the same day. An independent employment lawyer can review your permit documents and dismissal date, and say whether a claim 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.