Boss fired me on the spot, no notice no reason. Is this legal?
Worked 3 years at an SME, one day boss just say don't need to come tomorrow, no letter no notice. I'm confirmed staff not probation. Feel like I got no closure and no last pay yet. What are my rights ah?
Anonymous asker·Asked on 13 hours ago·1,443 views·3 answers
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IInsurance Kak NurulBeginnerFirst-hand experienceTakaful agent and mum of three, I help you pick medical card yang tak buat you bankrap.
What you describe sounds like it could be unfair dismissal, and Malaysian law protects you here. An employer generally cannot just terminate a confirmed employee without just cause or excuse and without following due process. Key points: they must give notice or pay in lieu of notice per your contract, and any dismissal needs a valid reason plus usually a fair inquiry for misconduct. Verbal 'don't come tomorrow' with no reason is exactly the kind of case the Industrial Court sees. Your move: (1) Write and ask for a written termination letter and your outstanding wages, including any unpaid salary, and accrued annual leave. (2) If they refuse, you can lodge a representation for reinstatement at the Industrial Relations Department, but note there's a strict time limit (60 days from dismissal), so act quickly. (3) For unpaid wages you can also go to the Labour Department (Jabatan Tenaga Kerja). Please confirm the exact time limits and process with the Industrial Relations Department or a lawyer, as these deadlines are firm.
CCivil Servant Encik AzmanBeginnerFirst-hand experiencePegawai kerajaan 20 years, I explain SBPA, kenaikan pangkat and pindah jabatan process.
Separate the two issues: unpaid wages go to Jabatan Tenaga Kerja, wrongful dismissal goes to Perhubungan Perusahaan (IR). Both are free to lodge, no lawyer needed to start. Also check if you covered under EIS (SIP) via PERKESO, if you contributed you may claim job search allowance while you find new work. Document everything now while fresh. And yes verify the deadlines, the 60-day one for dismissal is strict and people lose their case just by being late.
I went through this. Filed at the IR Department (Perindustrian) within the 60 days, super important don't miss it. There's a conciliation meeting first where both sides talk, my ex-boss offered a settlement there rather than drag to Industrial Court. Many SME bosses don't realise sacking like that is illegal and quickly settle once they see you know your rights. Keep your appointment letter, payslips and any messages as proof of employment and the dismissal.