Your Rights as Employee in Malaysia

The Employment Act 1955

1. regulates the contract of service of an employment contract in the private sector;
2. sets out the basic and minimum terms and conditions of the employment contract;
3. sets out the hours of work, weekly rest days, public holidays, annual, sick and maternity leave, termination and layoff benefits;
4. applies to those whose do not exceed RM1500 a month;
5. applies to those who are in manual labour occupations;

The Industrial Act 1967

1. applies to all employees;
2. no limit of the type of occupation;
3. employee can be from the private or public sector (public sectors as defined in art 132 of the Federal Constitution) ;
4. applied to employees of any wage;
5. codified ways in which all employment disputes are resolved;

The Labour Court

1. established to resolve disputes between employers and employees;
2. jurisdiction is limited to disputes with regards to payment of wages, benefits that the employee is entitled to under their employment contract, under employment Act or under any regulations made under the Act;
3. to hear dispute with regards to any disciplinary sanction imposed by the employers for alleged misconduct;
4. right of appeal available to the High Court.

The Industrial Court

1. set up to hear disputes of employers and employees, trade unions;
2. to hear disputes with regards to unjustified termination or dismissal;
3. has the power to re-instate the employee;
4. awards are final and no right of appeal but on points of law the industrial court may refer the case to the High Court;