Best Employment & Labor Lawyers in Tawau

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Chee & Co.

Tawau, Malaysia

Founded in 1994
English
Established in 1994 by founding partner Mr. Francis Chee, Chee & Co. has grown into a distinguished law firm in Malaysia, renowned for delivering top-tier legal services grounded in trust and honor. The firm boasts a team of experienced lawyers adept in multiple areas of law, enabling them to...
AS SEEN ON

About Employment & Labor Law in Tawau, Malaysia

Employment and labor law in Tawau, Malaysia, governs the relationship between employers and employees to ensure fair, safe, and equitable working conditions. Tawau, as a district in Sabah, is subject to Malaysian federal legislation, such as the Employment Act 1955 (as extended to Sabah and Sarawak), Industrial Relations Act 1967, and relevant state regulations. These laws cover various employment matters including hiring, contracts, wages, workplace safety, discrimination, termination, and labor dispute resolution.

Why You May Need a Lawyer

Seeking legal advice in employment and labor matters is crucial when facing complex or contentious situations. Common scenarios where a lawyer’s expertise may be essential include:

  • Unfair dismissal or termination of employment
  • Disputes over wages, benefits, or contractual obligations
  • Workplace discrimination or harassment (based on gender, race, religion, etc.)
  • Violation of statutory rights (such as annual leave, medical leave, or maternity leave)
  • Redundancy or retrenchment processes
  • Workplace accidents or occupational safety concerns
  • Negotiation or drafting of employment contracts
  • Breach of confidentiality or non-compete agreements
  • Collective bargaining and trade union issues

Professional legal advice helps protect your rights, ensures compliance with the law, and can guide both employers and employees through legal proceedings or negotiations.

Local Laws Overview

The following key laws and regulations are relevant to employment and labor matters in Tawau, Malaysia:

  • Employment Act 1955 (as extended to Sabah and Sarawak): Sets out minimum employment standards, including contracts, payment of wages, working hours, overtime, holidays, and sick leave.
  • Industrial Relations Act 1967: Governs employer-employee relations, dispute resolution, and the handling of unfair dismissal claims.
  • Occupational Safety and Health Act 1994: Mandates safe workplace conditions and employer responsibilities for employee well-being.
  • Labour Ordinance (Sabah Cap. 67): Applies specifically to labor matters in Sabah, supplementing federal law.
  • Trade Unions Act 1959: Regulates trade union formation, membership, and activities.

Employers and employees alike should understand their rights and obligations under these laws. Local authorities such as the Tawau Labour Office and the Department of Industrial Relations handle labor complaints, disputes, and enforcement of employment laws in the area.

Frequently Asked Questions

What is the legal minimum wage in Tawau, Malaysia?

As of 2024, the national minimum wage in Malaysia is RM1,500 per month. However, it is important to check for updates or special provisions applicable in Sabah.

Is an employment contract mandatory for all workers?

Yes, the law requires that employment terms be put in writing for employees covered by the Employment Act or Sabah Labour Ordinance. Contracts clarify rights and obligations and must be provided within a specified period.

Can my employer terminate my employment without notice?

Employers may terminate employment without notice for misconduct, but generally, proper notice or compensation in lieu must be given as per the contract or law.

What should I do if I am dismissed unfairly?

You may file a complaint with the Industrial Relations Department or the Labour Office in Tawau within 60 days of dismissal. Legal representation can help you navigate the process and improve your chances of a successful claim.

What are my entitlements for annual leave and sick leave?

Minimum leave entitlements are stipulated by law, typically ranging from 8 to 16 days for annual leave (depending on years of service) and up to 22 days of paid sick leave per year, with additional provisions for hospitalization.

Are foreign workers protected by Malaysian labor laws?

Yes, foreign workers in Tawau are entitled to protection under the same labor laws, but must hold valid work permits and comply with local immigration requirements.

Can I join a trade union in Tawau?

Employees are free to join or form trade unions subject to regulations in the Trade Unions Act. Membership can help employees collectively bargain for improved terms and conditions.

What are my rights if I am retrenched?

Retrenched employees are generally entitled to termination benefits based on years of service. Proper procedures must be followed by the employer, and disputes may be brought to the Labour Office or courts.

How are workplace accidents handled legally?

Employers must report workplace accidents to the Department of Occupational Safety and Health (DOSH) and the Social Security Organization (PERKESO). Employees may claim compensation for injuries under the Employees’ Social Security Act.

Who enforces labor laws in Tawau?

The Tawau Labour Office and the Sabah Department of Labour, together with relevant federal agencies, are responsible for enforcing employment and labor laws, investigating complaints, and resolving disputes.

Additional Resources

If you need information or assistance regarding employment and labor law in Tawau, consider reaching out to:

  • Tawau Labour Office (Pejabat Tenaga Kerja Tawau): Handles wage, contract, and labor complaints; provides guidance on local labor laws.
  • Department of Industrial Relations Malaysia (Jabatan Perhubungan Perusahaan): Facilitates industrial dispute resolution and unfair dismissal claims.
  • Department of Occupational Safety and Health (DOSH): Responsible for workplace safety and health enforcement.
  • Social Security Organization (PERKESO): Administers compensation for occupational injuries and illnesses.
  • Sabah Law Society: Provides contacts for qualified employment lawyers in Tawau and Sabah.
  • Local trade unions and employee associations: Assist with collective bargaining and workplace rights.

Next Steps

If you believe your employment rights have been violated or you require legal assistance:

  1. Gather all relevant documents, including your employment contract, payslips, correspondence, and any evidence relating to your issue.
  2. Contact the Tawau Labour Office or relevant government agency for guidance or to lodge a formal complaint.
  3. If your case is complex or unresolved, seek advice from a qualified employment & labor lawyer experienced in Sabah law. The Sabah Law Society can provide a list of such practitioners.
  4. Be mindful of any deadlines (such as the 60-day limit for unfair dismissal claims) to avoid losing your legal rights.
  5. Consider alternative dispute resolution mechanisms—mediation or conciliation—offered by official channels before pursuing litigation.

Taking prompt and informed action increases your chances of a favorable outcome. Professional legal counsel is your best ally in navigating the complexities of employment law in Tawau, Malaysia.

Lawzana helps you find the best lawyers and law firms in Tawau through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Employment & Labor, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Tawau, Malaysia—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.