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In Petaling Jaya, Malaysia, hiring and firing laws are governed under the Employment Act 1955 and Industrial Relations Act 1967. This legislation serves to ensure fair treatment of employees regarding hiring, termination, retrenchment, and redundancy. It is crucial for employers to adhere to these laws to avoid legal complications and for employees to understand them to protect their rights.
Understanding and navigating the intricacies of employment law can be daunting for both employees and employers. Lawyers can assist in various situations such as unjust termination or retrenchment, drafting and interpreting employment contracts, handling discriminatory hiring practices, or providing counsel in case of disputes related to wages or overtime. A lawyer's guidance can make it easier to deal with complex employment issues.
Key local laws include provision for payment of wages, safely and health at work, working hours and rest periods, maternity protections, and protection against unfair dismissal. In Malaysia, laws also acknowledge probation periods for new employees, during which they can be terminated with lesser notice. It requires employers to provide valid reasons for termination, and if unjustly terminated, an employee may file a claim with the Industrial Court. Discrimination in hiring based on gender, race, religion, or disability is strictly prohibited by law.
Unfair dismissal refers to termination without just cause or reason such as firing based on discrimination or without adequate notice or payment in lieu.
If an employee feels they've been unjustly terminated, they can lodge a complaint with the Department of Industrial Relations within 60 days of the dismissal.
Employers must follow Last In First Out principle, provide notice or payment in lieu, and where relevant, carry out a social security contribution.
Malaysia does not have an unemployment benefits system traditionally, but under certain conditions, certain compensations can be provided.
An employer cannot change the terms of an employment contract without the employee's consent. Any changes must be mutually agreed upon.
For further guidance, you may refer to the Ministry of Human Resources Malaysia and Malaysian Trades Union Congress. The Department of Labour Peninsular Malaysia and Malaysian Employer Federation can also provide assistance. Additionally, online resources like myLabourLaw and Malaysia Labour Law Blog are available for public consumption.
If you believe you need legal assistance related to hiring and firing, the first step is to consult with a qualified employment lawyer in Petaling Jaya. They can help you understand your rights, interpret the law in your situation, and guide you through any necessary legal proceedings. Be sure to select a lawyer with experience in employment law, and provide them with all the necessary details about your case for the best possible results.
