The Law That Lets You Challenge Dismissal
You were dismissed and want to know exactly what the law actually gives you.
Section 20 is the actual legal provision most unfair dismissal claims in Malaysia rest on, even though people usually just call it “the 60-day window.”
What does Section 20 actually say?
It gives a dismissed employee the right to complain in writing to the Director General of Industrial Relations, asking to be reinstated, within a strict deadline.1
The word used in the law is representation, a formal written claim, not an informal letter or a verbal complaint to human resources.
Who can rely on this section?
It covers a workman under the Industrial Relations Act, a legal term broader than the everyday meaning and not tied to a specific salary level.
Most employees fall within it, including many people with manager or executive titles, so a senior job title alone does not remove this right.
What does the law actually give you?
The remedy the section is built around is reinstatement to your old job, not a payout. Money is a secondary outcome, not the starting point.
If reinstatement is ordered, or awarded in place of it, back wages or compensation can follow. The employer, not you, carries the burden of proving the dismissal was fair.2
What happens once you file?
Filing opens a process, not an instant decision. The Director General first arranges conciliation, a meeting meant to help both sides settle without a full hearing.
If conciliation does not resolve things, your case can move toward the Industrial Court for a proper hearing on the merits.
What should you do with this today?
Confirm your dismissal date and check exactly how many days you have left using the deadline calculator, since this section does not bend on time.
Once your dates are clear, a Section 20 representation is the concrete filing this law describes, and it is worth getting the facts right before you submit it.
Once you know your dismissal date, we can walk through how Section 20 applies to your specific facts and what filing actually involves.
Common questions
Does Section 20 apply to every kind of employee?
It applies to a workman under the Industrial Relations Act, a term wider than it sounds and not limited to low-wage staff. Most employees, including many managers, are covered.
Do I need a lawyer to use Section 20?
You can file the representation yourself, though a lawyer can help you set out the facts clearly before the deadline. Solicitors are also not permitted to appear at the conciliation stage.
What does the law actually ask for, money or my job back?
The wording centres on reinstatement, getting your job back. Money such as back wages or compensation only comes in if reinstatement is ordered, or awarded instead of it.
What happens after I file under this section?
The Director General arranges conciliation between you and your employer first. If that does not resolve things, your case can move forward toward the Industrial Court.
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, under Section 20 of the Industrial Relations Act 1967. Mah Weng Kwai & Associates, Unfair Dismissal
- In an unfair dismissal case, the burden of proof rests with the employer, who must show the dismissal was made with just cause or excuse. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
Once you know your dismissal date, we can walk through how Section 20 applies to your specific facts and what filing actually involves.