Dismissed From a Job in Kelantan
A small trading business near Kota Bharu still owes you the same fair process as a large employer.
Kelantan’s formal private workforce is smaller than in the industrial states. It spreads across small trading businesses, government-linked bodies and a wide agricultural base around Kota Bharu.
The same unfair dismissal process still applies, whatever the size of the employer.
A different kind of workforce
Many workers in Kelantan are employed by small, sometimes family-run trading businesses rather than large companies. Paperwork can be informal or thin.
Others work for government-linked bodies or statutory agencies around Kota Bharu, where the employment terms can look different from a typical private company.
Whichever applies to you, the employer still carries the burden of showing your dismissal had just cause.2
Many readers here prefer Malay for everyday matters. Your rights under Section 20 do not change with the language you use to describe them.
Protections that apply regardless of business size
The Section 20 route does not exempt small employers. A dismissal from a small shop in Kota Bharu still needs a genuine, specific reason.
Employment Act protections since January 2023 apply the same way here, including the rule against dismissing a pregnant worker.1
If your employer alleged misconduct, the same standard of proof applies. It makes no difference whether the business has five staff or five hundred.
Pasar Siti Khadijah and the surrounding trading area also employ many stallholders’ staff on informal daily arrangements. A regular working pattern can still count as employment.
Filing a Kelantan case
Kelantan has no Industrial Court branch of its own. A case is generally routed to the Penang or Kuala Lumpur division, depending on where it is assigned.
Conciliation runs first through the JPPM office for Kelantan, based in Kota Bharu.
Bring whatever record you have of the dismissal, even a text message or a verbal warning written down afterward.
Use the deadline calculator with your last working day. Speak with an employment lawyer once your documents, however informal, are gathered.
Whether you worked for a small trading business or a larger employer in Kelantan, tell us what happened and we can talk through your options.
Common questions
I worked for a small family-owned shop in Kota Bharu, not a big company. Does the same law still cover me?
Yes. Section 20 does not depend on the size of the business, so a small trading shop is bound by the same requirement to show just cause as a large employer. Keep whatever paperwork exists, even if it is informal.
My employer dismissed me shortly after I told them I was pregnant. Is there anything specific that protects me?
Yes, since January 2023 the Employment Act has prohibited dismissing an employee because she is pregnant, and this applies to employers of any size in Kelantan. Set out the timing between telling your employer and the dismissal clearly.
I work for a statutory body in Kota Bharu rather than a private company. Does this process still apply?
Many statutory body and government-linked staff are still workmen under the Industrial Relations Act, though the exact position depends on your specific employer and contract. It is worth checking your contract terms alongside your dismissal letter.
Sources
- The Employment Act 1955 amendments in force from 1 January 2023 extended coverage to all employees regardless of wage and prohibit terminating an employee because she is pregnant. Malay Mail
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
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Whether you worked for a small trading business or a larger employer in Kelantan, tell us what happened and we can talk through your options.