Job Seeker Handbook

2. FIRING

2.3 Termination without Cause Or Excuse by My Employer

• Where you have been terminated without cause or excuse by your employer, you can enforce your civil right and remedies for any breach or non-performance of the contract of service by any suit in court or you can file in a written representation within 60 days of the dismissal to the Director General of Industrial Relations Department to be reinstated pursuant to section 20 of the Industrial Relations Act, 1967.
• The Industrial Relations Act 1967 provides for the regulation of relations between employers and employee and their trade unions and the prevention and settlement of disputes between employer and employee which is connected with the employment or non-employment or the terms of employment or the conditions of work of such employee.
• Where you are a female employee and your employer is found guilty of terminating you during your maternity leave, your employer shall be liable, on conviction to a fine not exceeding RM2,000.

<< 2.2 Notice Period Required Terminating a Contract of Service | 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits >>

Table of Contents

1. Regulation of Employment (HTML)
   1. Hiring
      • 1.1 The Minimum Conditions Set Out For Employment
      • 1.2 The Contract of Service
      • 1.3 Understanding of Probation
      • 1.4 Payment of Wages to Employee
      • 1.5 Leave Entitlement of Employee
      • 1.6 The Maternity Right of Female Employee
      • 1.7 The Working Hours and Rest for Employee
      • 1.8 The Minimum Age of Employee
   2. Firing
      • 2.1 The Circumstances a Contract of Service be Terminated by Either Employer or Employee
      • 2.2 Notice Period Required Terminating a Contract of Service
      • 2.3 Termination without Cause Or Excuse by My Employer
      • 2.4 The Circumstances an Employee as Not Entitled to Termination or Lay-Off Benefits
      • 2.5 Actual Amount of Layoff Benefits Payable
   3. Workmen's Compensation
      • 3.1 The Compensation
      • 3.2 The Law Governing The Workmen's Compensation in Malaysia
      • 3.3 Individual Covered Under The Workmen's Compensation Act 1952
      • 3.4 Foreign Worker Insured by Employer
      • 3.5 What Should Be Done If A Worker Is Involved in an Accident
   4. Sexual Harrassment
      • 4.1 What Is Sexual Harassment?
      • 4.2 Types of Sexual Harassment
      • 4.3 The Differences Between Verbal, Non-Verbal, Visual, Psychological And Physical Harassment
      • 4.4 Law in Malaysia to Deal Specifically with Sexual Harassment
      • 4.5 Chances Of Seeing Justice Being Done
      • 4.6 What Should I Do If I Am Being Sexually Harassed?
   5. Occupational Safety and Health Act
      • 5.1 What Is Occupational Safety and Health Act?
      • 5.2 The Act Affection
      • 5.3 The Written Safety and Health Policy
   6. Dispute
      • 6.1 What Is a Dispute?
      • 6.2 The Industrial Relations Act 1967 Provides
      • 6.3 What Are the Cases That I Can Refer to Industrial Relations?
      • 6.4 Complaint to the Industrial Relations
      • 6.5 Unlawfully Dismissed
      • 6.6 Presenting in a Dispute Case
      • 6.7 Appeals against Industrial Court Decision
   7. Pension
      • 7.1 What Is Pension?
      • 7.2 The Individual Entitled To Pension Benefit
      • 7.3 Circumstances Reducing or Withholding Pension
      • 7.4 Calculation of Pension
      • 7.5 Who Is Deemed to Be A Pensionable Officer?
      • 7.6 Granted a Pension
      • 7.7 Compulsory Retirement
      • 7.8 Optional Retirement
      • 7.9 The Pension Where an Officer Dies in Service
      • 7.10 The Pension Where an Officer Dies After Retirement
      • 7.11 Cease a Pension
      • 7.12 Pension for Disabled Person In The Course Of Performing His Official Duty
      • 7.13 The Rate Payable for Disability Pension
      • 7.14 Is a Pension Assignable?
   8. EPF
      • 8.1 What is Employment Provident Fund (EPF)?
      • 8.2 Contribute Towards the Fund
      • 8.3 The Procedure to Register An Employee With The EPF
      • 8.4 When Should Employer Pay Contribution to EPF
   9. SOCSO
      • 9.1 What Is Social Security Organization (SOSCO)?
      • 9.2 Compulsory Contribute To SOCSO
      • 9.3 Wages Mean For The Purpose Of SOCSO Contribution
      • 9.4 The Coverage Provided To an Insured Person by SOCSO Under ESSA 1969
      • 9.5 The Invalidity Pension Scheme Cover and The Benefits Provided
      • 9.6 The Coverage of Employment Injury Insurance Scheme
      • 9.7 The Rate of SOCSO Contribution
      • 9.8 The Responsibilities of an Employer
      • 9.9 Interest on Contributions Due and Not Paid On Time by Employer
      • 9.10 What About An Employee With Monthly Wages Exceeding RM2,000
      • 9.11 Report an Accident and Make My Claim
      • 9.12 Processing a Claim
      • 9.13 Appeal
2. Statutory Holiday (PDF)
3. Salary Act (PDF)