Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Kuching, Malaysia, as in the rest of the country, the laws related to hiring and firing are governed by the Employment Act 1955. This law directs the rights and duties of both the employer and the employee, including issues of dismissal. Employers are expected to provide a safe, required working environment while also adhering to procedures for disciplinary actions and terminations.
Hiring & firing laws can be intricate and complicated. You may need a lawyer to understand these regulations better, especially to ensure compliance and avoid any potential pitfalls. Situations, where you could need a lawyer, include forming systematic hiring process, drafting employment contracts, dealing with workplace disputes, termination matters, and navigating potential legalities associated with layoffs and redundancies.
Malaysia's Employment Act 1955 mandates that clear terms and conditions of employment be specified while hiring. This includes aspects like the job description, payment details, and leave entitlements. You should also be aware of the statutory protections provided to employees, including maternity and sick leaves, and rules against unfair dismissal. Malaysia law does not offer "employment at will"; therefore, both parties must respect the agreed contract term, mutual agreement, or provide notice in case dismissal is needed.
In general, employees can be fair dismissed for misconduct, poor performance, redundancy, or other just cause or excuse related to the conduct or capability of the employee.
The employer must follow a due procedure, including warning letters and a chance to the employee to improve. An employer can’t fire an employee summarily unless there's a serious misconduct.
In cases of unfair dismissal, complaints can be lodged with the Industrial Relations Department within 60 days of the dismissal.
Yes, probationary employees also have protection against unfair dismissal, although the standards to what constitutes unjust dismissal may differ slightly.
Yes, according to Malaysian employment law, if an employee has been dismissed due to redundancy, the employer is required to pay severance.
The Malaysian Department of Labour, the Industrial Court of Malaysia, and the HRDF (Human Resource Development Fund) are great resources for understanding more about employment laws. You might also find The Malaysian Employment Lawyers Association (MELA) helpful.
If you need legal assistance related to hiring & firing in Kuching, it's better to seek a professional's help. Look for a lawyer specializing in employment law, schedule a consultation and understand the legal course of action. Ensure to keep all relevant documents at hand when consulting your lawyer.
