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Malaysia · Industrial Relations Act 1967 · s.20: file within 60 days

Dismissed without just cause? — section 20 representation ready, 60-day deadline counted

Short answer. Your written representation to the Director General of Industrial Relations is open below: fill in your job, what happened and why the dismissal was unfair. Who can file: A workman who considers he was dismissed without just cause or excuse, union member or not (Industrial Relations Act 1967, s.20(1)).

  • Last day to file your representation with the Director General (60 days): type the date
  • Reminder: halfway point — 30 days left: type the date

Check your own case.

Section 20(1A): the Director General shall not entertain a representation unless it is filed within sixty days of the dismissal; if you were dismissed with notice, you may file during the notice period but not later than sixty days from its expiry. We add 60 calendar days to the date you enter. Do not wait for the last day: if it falls on a weekend or public holiday (Friday–Saturday weekend in Kedah, Kelantan and Terengganu), file earlier.

Dismissed without just cause?: first page

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Enter the date in your termination letter, and I will show you the last day to file.

Write what happened as short dated points. The officer reads the timeline first.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Who can fileA workman who considers he was dismissed without just cause or excuse, union member or notIndustrial Relations Act 1967, s.20(1)
FormRepresentation in writing to be reinstated, filed at the Director General's office nearest to the place of employmentIRA 1967, s.20(1)
DeadlineWithin 60 days of the dismissalIRA 1967, s.20(1A)
Dismissed with noticeMay file during the notice period, not later than 60 days after it endsIRA 1967, s.20(1A), proviso
What happens nextDirector General tries to settle; if no settlement is likely, refers the case to the Industrial CourtIRA 1967, s.20(2)–(3)

Section 20 covers any 'workman' — a person employed under a contract of employment to work for hire or reward (s.2). The Act counts the 60 days from the dismissal (or from the end of the notice period).

Step by step

What to do, in order

  1. 1

    Find the date

    The date in the termination letter, or the end of your notice period.

  2. 2

    Fill in the representation

    Job, salary, what happened, why it was unfair. Ask for reinstatement.

  3. 3

    Attach documents

    Contract, termination letter, show-cause letter and reply, payslips, messages.

  4. 4

    File it in time

    At the Industrial Relations office nearest to where you worked. Keep proof of the date.

  5. 5

    Go to conciliation

    The department calls both sides to a meeting to try to settle.

  6. 6

    Industrial Court

    If there is no settlement, the Director General refers the case to the Industrial Court.

Questions

Can I file if I resigned?

Section 20 speaks of being dismissed without just cause or excuse. If you were forced to resign, or left because the employer broke your contract, set out the facts in part 3; whether that counts as a dismissal is decided in your case.

I am appealing inside the company. Should I wait?

Do not wait. The Act counts 60 days from the dismissal, and an internal appeal is not mentioned as a reason to extend it. File now; you can continue the appeal.

Can I ask only for money?

The Act describes a representation 'to be reinstated' in your former employment. Ask for reinstatement in the letter.

Official sources

Other documents

Keep the papers in one place

Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

This is a ready document and a deadline calculation, not legal advice.