Malaysian Labour Law Abridged

La loi malaisienne du travail du point de vue de l'employé.

An explanation of the Malaysian labour law written for the eyes of the employees only. The information contained herein strives to describe the industrial law of Malaysia in such a manner that any employee without any understanding of the industrial law will be able to comprehend and understand his/her employment rights.

Among a long list, the employee will know how to deal and respond to the following:

- Voluntary Separation Scheme (VSS)

- Insubordination

- Not given resources to work

- Not given work to do

- Threat of dismissal from the employer

- Accusation of theft from the employe

- Performance Improvement Plan (PIP)

- Insubordination

- Victimised by the employer

Further, the employee will learn the processes of the industrial law:

- How can an employer dismiss an employee (domestic inquiry)?

- How can an employee compile proof to show to the industrial court and the Industrial Relations Department?

- How to protest an unfair treatment?

- The difference between written proof versus verbal proof.

The employee will learn what the industrial law expects from an employee right from the moment the employee signs the employment contract:

- What is the "spirit" of the industrial law?

- What are accepted as good employee behaviours from the eyes of the industrial law (as opposed to what is expected by the HR department which may sometimes be different)?

- What are considered bad behaviours from employees?

- What is a minor misconduct which does not constitute a dismissal?

- What are considered grave misconduct which may result in dismissal?

Finally, not all lawyers are equal. If an employee needs to solicit the services of a lawyer for representation in the industrial court, how can an employee (without knowledge of the law and how lawyers operate) be able to find the most suitable lawyer for representation in the industrial court?