Best Hiring & Firing Lawyers in Kuala Terengganu

About Hiring & Firing Law in Kuala Terengganu, Malaysia

Hiring and firing, also referred to as employment and termination of employment, are governed by both federal and state laws in Malaysia. In Kuala Terengganu, as in the rest of the country, the main framework is established under the Employment Act 1955, supplemented by industrial relations laws and local regulations from the Terengganu State Government. These laws set out the rights and responsibilities of both employers and employees during the hiring process, throughout employment, and when employment ends. Understanding these regulations is vital for both job seekers and employers to ensure compliance and avoid potential disputes.

Why You May Need a Lawyer

Legal issues related to hiring and firing can be complex and often carry serious financial or personal consequences. Common situations where you may need legal help include:

• Drafting or reviewing employment contracts to ensure they are lawful and clear.
• Experiencing or being accused of wrongful termination.
• Facing disputes over wages, overtime, or benefits during or after employment.
• Allegations of workplace discrimination or unfair treatment during hiring or redundancy processes.
• Uncertainty over proper termination procedures such as notice periods, retrenchment, or severance pay.
• Handling disciplinary actions or responding to accusations of misconduct.

A qualified lawyer can help you interpret the relevant laws, represent you in negotiations or court, and ensure your rights are protected throughout the employment relationship.

Local Laws Overview

In Kuala Terengganu, hiring and firing are primarily regulated by the Employment Act 1955 and supplemented by Industrial Relations Act 1967, as well as relevant state guidelines. Key aspects include:

• Employment Contracts: All employees should receive a written contract detailing the terms of employment, salary, working hours, and job responsibilities.
• Probation Period: Employers may require a probationary period, but even probationary employees are entitled to basic legal protections.
• Termination Procedures: Employers must provide reasonable notice as per the employment contract or, if unspecified, as stipulated by the Employment Act. Dismissal without notice is only allowed for serious misconduct.
• Wrongful Dismissal: Employees who believe they have been unfairly terminated can file a complaint with the Industrial Relations Department within 60 days of dismissal.
• Retrenchment: If employers need to reduce their workforce, they must follow fair procedures and may be required to pay retrenchment benefits.
• Discrimination & Equal Opportunity: It is unlawful to discriminate based on gender, race, religion, or disability during hiring or firing.

Frequently Asked Questions

What should be included in an employment contract in Kuala Terengganu?

An employment contract should clearly state job title, duties, salary, benefits, working hours, probation (if any), notice period, and grounds for termination. Both employer and employee should keep signed copies for reference.

Do I need to sign a contract before starting a job?

Yes, it is advisable and generally required. Signing a contract protects both parties with clearly defined terms and helps prevent misunderstandings.

How much notice does an employer have to give to terminate employment?

The required notice period depends on the contract. If not stated, it typically ranges from four weeks for those employed for more than two years, two weeks for those employed for one to two years, and one week for those employed for under a year, as per the Employment Act.

Can I be dismissed without notice?

Yes, but only if you have committed serious misconduct, such as theft or serious breach of contract terms. The employer must carry out due inquiry before summary dismissal.

What should I do if I feel I was wrongly terminated?

You can make a written complaint to the Industrial Relations Department within 60 days. They will investigate and try to mediate between you and your employer.

Are probationary employees entitled to notice before dismissal?

Yes, probationary employees are entitled to notice or salary in lieu of notice, except in cases of serious misconduct.

What are my rights if my employer wants to retrench me?

Retrenchment must be done according to objective and fair procedures. You may be entitled to retrenchment benefits, depending on your length of service and your contract.

Can an employer ask about my religion or marital status during hiring?

No, Malaysia’s anti-discrimination principles prohibit questions or decisions based on an applicant’s religion, marital status, gender, or ethnicity.

Is overtime pay mandatory?

Yes, under the Employment Act, employees covered by the Act are entitled to overtime pay for work beyond normal hours, unless specifically exempted.

Where can I go for assistance if I cannot afford a lawyer?

You can approach the Legal Aid Department (Jabatan Bantuan Guaman) or visit the Labour Department (Jabatan Tenaga Kerja), which offers free or low-cost assistance for employment disputes.

Additional Resources

Here are some resources and organizations you may find helpful:

• Labour Department (Jabatan Tenaga Kerja) Terengganu: Assists with employee complaints, wage disputes, unfair termination, and legal advice.
• Industrial Relations Department (Jabatan Perhubungan Perusahaan) Terengganu: Handles wrongful dismissal and collective disputes between employers and employees.
• Legal Aid Department (Jabatan Bantuan Guaman): Provides free or subsidized legal help to qualified Malaysian citizens.
• Malaysian Trade Unions Congress (MTUC): Offers support, guidance, and advocacy for workers’ rights.
• Malaysia Bar Council: Directory for finding qualified employment lawyers throughout Malaysia, including Kuala Terengganu.

Next Steps

If you need legal assistance with hiring or firing matters in Kuala Terengganu:

• Review your employment contract and gather all related documents.
• Try to resolve the issue through direct communication with your employer or employee.
• If unresolved, contact the local Labour Department or Industrial Relations Department for advice or to lodge a complaint.
• If the matter is complex or you need representation, consult a qualified employment lawyer with experience in Kuala Terengganu.
• Prepare a clear summary of your concerns, a timeline of events, and copies of important paperwork to aid your lawyer or relevant authorities.

Early action is crucial, as certain claims have time limits. Seeking the right advice promptly increases your chances of a fair and effective resolution.