Are you feeling down in the dumps after being unfairly sacked by your employer in Malaysia? Well, fret not!
As someone who knows a little something about Industrial Relations law in Malaysia, I am here to guide you on what your legal options are.
Caution: this can be a bit like playing a game of chess. You need to think strategically and make your moves carefully. Here are some of the things that you should do:
- First, make sure you have evidence to support your claim. Remember: words are cheap, documents are not! This can include emails, WhatsApp or any other documents that prove your story.
- Then, file a complaint with the Industrial Relations Department (“IRD”) within 60 days of being terminated. Do not wait; or you may lose your chance to fight back! (no extensions of time beyond 60 days are allowed!)
- Then, a conciliation meeting will be fixed by the IRD with your ex-Company. This will give you a chance to negotiate a settlement.
- If the conciliation meeting fails, you can then proceed with legal action against the ex-Company by filing a claim in the Industrial Court.
- You can hire a lawyer to represent you. Or, you can do it yourself if you are feeling brave (but hire a lawyer lah! They will guide you from A - Z).
- During the hearing, both parties will have the opportunity to present their case before a Judge. Imagine: legal dramas (Suits, Boston Legal etc.) – the lawyers cross-examining the witnesses, raising objections etc.
- The judge will then make his/her decision based on the evidence presented; and the law.
- And who knows, you might just end up with a sweet victory and a hefty payout!
- If you win, generally, you get 1 month salary for every year of completed service with the ex-Company; and a maximum of 24 months back wages.
- Also, EPF contributions by the Company, fixed allowances etc. ?
