What Rights Do Foreign Workers Have
You are a foreign worker whose job in Malaysia just ended, unsure what protection you have.
You came to Malaysia to work, and now that job has ended, leaving you unsure what protection you have left.
Nationality does not remove your right to challenge a foreign worker dismissal you believe was unfair.
Do foreign workers have unfair dismissal rights in Malaysia?
Yes. The unfair dismissal framework under Section 20 of the Industrial Relations Act protects workmen, and that word is not limited to citizens or permanent residents.
Your employer still needs just cause or excuse to end your employment fairly, whatever your passport says. Being on a work pass does not lower that standard.
How does the Employment Act fit into this?
Separately, the 2022 amendments to the Employment Act extended statutory coverage to employees regardless of wage, with certain hours and overtime rules limited by salary level3. That statute governs entitlements like notice and leave.
Your unfair dismissal claim under Section 20 is a different, broader route, and you can use it even where some Employment Act provisions do not directly apply to your role.
Does your work pass status change anything?
Your right to bring a claim and your work pass are two separate questions. Losing your job can affect your pass timeline, so it is worth checking both at once rather than assuming one settles the other.
Sabah and Sarawak also run their own labour ordinances alongside the federal Industrial Relations Act, which is worth asking about if you worked in either state. The Section 20 claim itself, though, is federal and works the same way no matter which state your job was based in.
Who has to prove the dismissal was fair?
The burden sits with your employer to show just cause or excuse for what happened, exactly as it would for any other worker1. You do not start from a weaker position because of your nationality.
What should you do this week?
You have sixty days from your dismissal date to file a Section 20 representation with the Director General of Industrial Relations2. Use the deadline calculator to check exactly how many days remain.
Gather your contract, pay slips, and dismissal letter in one place, in English if you can manage it, since paperwork gets passed between several people during a claim. Ask a lawyer how your Industrial Court claim and your immigration status fit together, since the two rarely get explained side by side.
A lawyer can explain how your unfair dismissal claim and your work pass situation interact, so you understand both at the same time.
Common questions
Do foreign workers have the same unfair dismissal rights as citizens?
Yes, Section 20 of the Industrial Relations Act covers workmen regardless of nationality. Your employer still needs just cause or excuse to dismiss you fairly, and the same sixty day deadline applies to you.
Does losing my job automatically cancel my work pass?
Your work pass status is a separate immigration question from your unfair dismissal claim. Ask about both, since one does not decide the other, and the timing of each can matter.
Does it matter which state in Malaysia I worked in?
The Industrial Relations Act applies nationwide, so your right to claim is the same everywhere. Sabah and Sarawak use their own labour ordinances for certain entitlements, which is worth checking separately.
Who has to prove my dismissal was fair?
Your employer carries the burden of showing a fair reason for the dismissal, the same standard that applies to any other worker. Being a foreign worker does not shift that burden onto you.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
- The 2022 amendments to the Employment Act, in force from 1 January 2023, extended coverage to all employees regardless of wage, though the hours and overtime provisions remain limited to those earning up to four thousand ringgit a month. Malay Mail
Keep reading
A lawyer can explain how your unfair dismissal claim and your work pass situation interact, so you understand both at the same time.