Employment Law
Fighting for workers' rights and advising employers through Industrial Court proceedings, dismissals and workplace disputes.
Employment Rights Are Not Optional
The relationship between employer and employee in Malaysia is governed by a dense web of statutes, regulations and court-developed principles. The Employment Act 1955 sets out the minimum standards for wages, working hours, leave entitlements and termination procedures for employees earning below a prescribed threshold, though its provisions are often applied more broadly as a benchmark for all employment relationships. The Industrial Relations Act 1967 establishes the framework for collective bargaining, trade union activity and the resolution of trade disputes.
Unfair dismissal remains one of the most common claims brought before the Industrial Court. Under Section 20 of the Industrial Relations Act, a workman who has been dismissed without just cause or excuse may file a representation to the Director General of Industrial Relations. If conciliation fails, the matter proceeds to the Industrial Court for a hearing. The Industrial Court has wide remedial powers: it can order reinstatement with back wages, or award compensation in lieu of reinstatement. The stakes are high for both sides.
Messrs S.K. Song acts for employees and employers in roughly equal measure. For employees, we prepare and file representations under Section 20, appear at conciliation meetings before the Department of Industrial Relations, and advocate at Industrial Court hearings. For employers, we advise on lawful termination procedures, conduct domestic inquiries in compliance with the principles of natural justice, and defend against unfair dismissal claims. This balanced practice gives us a clear view of how both sides approach a dispute.
Beyond dismissal cases, the firm handles a range of employment-related matters: breaches of employment contract, non-payment of wages and benefits claims under the Employment Act, retrenchment exercises and redundancy consultations, and restrictive covenant disputes where a former employee is alleged to have breached a non-compete or confidentiality clause. We also advise on the Employment (Amendment) Act 2022, which introduced significant changes including provisions on flexible working arrangements and enhanced protections against discrimination.
How We Can Help
Our employment practice covers the full lifecycle of the workplace relationship. We draft and review employment contracts, advise on disciplinary procedures and domestic inquiries, represent parties in Industrial Court and Labour Court proceedings, and handle appeals from Industrial Court decisions to the High Court by way of certiorari. Where a matter involves a potential criminal element, such as claims under the Employees' Provident Fund Act 1991 or the Employees' Social Security Act 1969, we coordinate with the relevant authorities and provide representation.
Relevant Legislation
- Employment Act 1955 (Act 265)
- Industrial Relations Act 1967 (Act 177)
- Trade Unions Act 1959 (Act 262)
- Employees' Provident Fund Act 1991 (Act 452)
- Employees' Social Security Act 1969 (Act 4)
- Occupational Safety and Health Act 1994 (Act 514)
- Employment (Amendment) Act 2022
- Industrial Court Rules 1967