Since 1 January 2023 the Employment Act 1955 covers all employees in Peninsular Malaysia and Labuan (Sabah and Sarawak have their own Labour Ordinances). Unfair dismissal is dealt with under the Industrial Relations Act 1967: a representation must be filed with the Director General of Industrial Relations within 60 days of the dismissal (s 20(1A)). Sexual harassment can be taken to the Tribunal for Anti-Sexual Harassment, which can order an apology and compensation of up to RM250,000 (Anti-Sexual Harassment Act 2022, s 20).
What to do first
- Keep your contract, payslips, letters, messages and a diary of what happened.
- Unpaid wages or other Employment Act claims: Labour Department (JTKSM).
- Dismissed without just cause: file a representation at the Industrial Relations Department within 60 days — the deadline is strict.
- Sexual harassment: complain internally and/or to the Tribunal for Anti-Sexual Harassment.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Unpaid wages, leave, overtime | Labour Department (JTKSM) — Labour Court | Employment Act 1955 |
| Unfair dismissal | Industrial Relations Department → Industrial Court | IRA 1967 s 20 |
| Sexual harassment | Tribunal for Anti-Sexual Harassment | Act 840 |
| Workplace injury | SOCSO (PERKESO) | Employees' Social Security Act 1969 |
Read the guides
Employment law: your rights at workEmployment Act 1955Industrial Relations Act 1967Anti-Sexual Harassment Act 2022
Tools
Key laws — read the copy
| Act 265 | Employment Act 1955 Akta Kerja 1955 | PDF · Official ↗ |
| Act 177 | Industrial Relations Act 1967 Akta Perhubungan Perusahaan 1967 (Terjemahan 1976) | PDF · Official ↗ |
| Act 840 | Anti-Sexual Harassment Act 2022 Akta Antigangguan Seksual 2022 | PDF · PDF (BM) · Official ↗ |
| Act 4 | Employees' Social Security Act 1969 Akta Keselamatan Sosial Pekerja 1969 | PDF · PDF (BM) · Official ↗ |
| Act 452 | Employees Provident Fund Act 1991 Akta Kumpulan Wang Simpanan Pekerja 1991 | PDF · PDF (BM) · Official ↗ |
| Act 753 | Minimum Retirement Age Act 2012 Akta Umur Persaraan Minimum 2012 | PDF · PDF (BM) · Official ↗ |
Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.
Official links and forms
- Labour Department (JTKSM) ↗
- Industrial Court of Malaysia ↗
- Ministry of Women, Family and Community Development (KPWKM) — Tribunal for Anti-Sexual Harassment ↗
- PERKESO (SOCSO) ↗
- KWSP (EPF) ↗
Questions people ask
I earn RM6,000 a month. Does the Employment Act still protect me?
Yes. Since 1 January 2023 the Act covers every employee on a contract of service. But overtime, rest-day and public holiday pay, shift allowances and statutory termination benefits apply only if you earn RM4,000 or less or fall in a listed category such as manual work. Leave, maternity and paternity rights, notice and the sexual harassment rules apply to you regardless of salary.
How many hours can my employer make me work?
Normal hours may not exceed 8 a day or 45 a week, with a break of at least 30 minutes after 5 hours (s 60A). Extra hours count as overtime, which covered employees must be paid at no less than 1.5 times the hourly rate.
Does my employer have to agree to my flexible working request?
No, but it must respond. Under ss 60P–60Q you apply in writing, and the employer must approve or refuse in writing within 60 days and explain any refusal.
How long do I have to file an unfair dismissal claim?
60 days from the date of dismissal (s 20(1A)). If you were given notice, you may file during the notice period, but no later than 60 days after it ends. The department cannot accept late claims, so file as soon as possible.
Do I need a lawyer?
Not to file. You can file the representation yourself at the Industrial Relations Department. At the conciliation stage lawyers are not allowed. In the Industrial Court, parties may be represented, including by lawyers with the Court's permission, but many workers use their union or appear themselves.
Will the Industrial Court give me my job back?
It can order reinstatement, but where the working relationship has broken down it usually awards compensation in lieu of reinstatement instead, plus back wages capped at 24 months (12 months for probationers).
Does the harassment have to happen at work?
No. The Act covers sexual harassment in any setting, such as at work, in education, in housing, in public or online. Workplace complaints can also go through the employer under the Employment Act.
How much does it cost to file?
The filing fee for a complaint (Form 1) is RM30. The respondent pays RM10 to file a defence. You do not need a lawyer.
Can I bring a lawyer?
Generally no. Parties represent themselves, and lawyers may appear only where the case involves complex issues of law. You can still get legal advice before the hearing.
All questions & answers → · Ask your own →