Were You Dismissed As A Foreign Worker?
You are a foreign worker who was dismissed, and you are unsure if the law protects you too.
Being told “you are foreign, so different rules apply” leaves many dismissed migrant workers unsure where they stand. The core protection is simpler than it sounds.
Can a foreign worker claim unfair dismissal in Malaysia?
Yes. The unfair dismissal claim under Section 20 protects a workman, an employee covered by the Industrial Relations Act, and the Act does not carve out an exception for nationality.
An employee who considers they were dismissed without just cause may make a written representation to the Director General of Industrial Relations within 60 days, asking to be reinstated.1 That window applies to you the same way it applies to any worker.
Does losing your job affect your work permit?
Usually, yes, since a work pass is tied to a specific employer. That reality sits alongside your employment claim, not instead of it, and the two need to be understood together.
This page focuses on the dismissal itself. For the permit and immigration side, an early, honest conversation with a lawyer helps you see the full picture rather than guessing under pressure.
Who has to prove the dismissal was fair?
The same standard applies to you as to any other worker. Your employer carries the burden of proving a genuine reason for the dismissal, not you.2
That burden does not shift because of where you are from, or how your pass is structured. It stays with your employer from the first meeting to the last.
Does it matter which state you worked in?
The Section 20 process itself is federal and works the same way nationwide. What differs by region is statutory coverage under the Employment Act, which applies in Peninsular Malaysia and Labuan, while Sabah and Sarawak have their own Labour Ordinances for similar protections.3
Your unfair dismissal claim is not affected by that difference, wherever in Malaysia you were working. What matters is your dismissal date, not the address on your employment pass.
What to do this week
Keep your employment contract, payslips, passport and permit documents together, along with anything about how the dismissal happened. A clear copy of each is worth more than trying to remember details later.
Note your permit’s expiry alongside your dismissal date, then work out your exact 60-day window so both timelines are clear before you decide your next step.
Being a foreign worker does not put you outside the same 60-day window, though your permit adds a timing question of its own. Tell us your dismissal date and your current pass situation, and we can help you see where you stand.
Common questions
Does being a foreign worker mean I cannot claim unfair dismissal?
No. The right to claim under Section 20 protects a workman covered by the Industrial Relations Act, and nothing in that Act limits it to Malaysian citizens. Your nationality does not close off the claim.
What happens to my work permit if I am dismissed?
Your pass is usually tied to your employer, so a dismissal can put it at risk alongside the employment question itself. This affects timing, and is worth raising early with a lawyer rather than assumed.
Does the 60-day deadline apply to me the same way?
Yes. The same 60-day window runs from your last working day, regardless of where you are from. It is easy to lose track of while dealing with permit and travel questions at the same time.
Does it matter if I work in Sabah or Sarawak?
The Section 20 claim process is federal and works the same way nationwide. Sabah and Sarawak instead have their own Labour Ordinances for statutory entitlements, separate from the unfair dismissal route itself.
Will making a claim make my immigration situation worse?
A dismissal claim and your immigration status are separate legal questions. Understanding both clearly, with a lawyer, before deciding how to proceed is a better starting point than guessing.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proving just cause and excuse for a dismissal rests with the employer, not the employee, once the claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- The Employment Act 1955, as amended in 2022, applies in Peninsular Malaysia and Labuan; Sabah and Sarawak have their own Labour Ordinances for similar protections. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
Being a foreign worker does not put you outside the same 60-day window, though your permit adds a timing question of its own. Tell us your dismissal date and your current pass situation, and we can help you see where you stand.