Being fired without notice in Malaysia is one of the most stressful situations an employee can face. One day you are working normally, the next day you are told not to come back. Many workers assume this is legal, but in reality, Malaysian labour law gives strong protection to employees who are suddenly terminated.
In this guide, you’ll learn what fired without notice Malaysia really means, when it is allowed, when it is illegal, how much compensation you are entitled to, and exactly what steps you should take.
What Does Fired Without Notice Mean in Malaysia?
In Malaysia, being fired without notice means your employer ends your employment immediately without giving you any notice period or payment in place of notice.
This is also known as:
- Summary dismissal
- Instant termination
- Termination without notice
Under the Employment Act 1955, this type of termination is only allowed in very limited situations.
Most of the time, firing someone without notice in Malaysia is unlawful.
What the Law Says About Termination Without Notice
Malaysian employment law is governed mainly by:
- Employment Act 1955
- Industrial Relations Act 1967
These laws require employers to either:
- Give proper notice, or
- Pay salary in lieu of notice
Unless the employee has committed serious misconduct, instant dismissal is not allowed.
Official reference:
https://www.mohr.gov.my
When Can an Employer Fire You Without Notice?
An employer can only fire you without notice if you have committed gross misconduct, such as:
| Serious Misconduct |
|---|
| Theft or fraud |
| Physical violence |
| Sexual harassment |
| Serious insubordination |
| Drug or alcohol abuse at work |
| Major breach of trust |
Even then, the employer must:
- Conduct a proper domestic inquiry
- Give you a chance to defend yourself
If they skip this process, the dismissal is still illegal.
When Is Fired Without Notice Illegal?
Most terminations without notice in Malaysia are illegal, including:
- Poor performance
- Redundancy or cost-cutting
- Personality conflicts
- Company restructuring
- Whistleblowing
- Medical issues
- Pregnancy
- Taking medical leave
If any of these are the reason, firing you without notice violates Malaysian law.
Notice Period Required in Malaysia
Your notice period depends on your length of service:
| Length of Service | Notice Required |
|---|---|
| < 2 years | 4 weeks |
| 2 – 5 years | 6 weeks |
| > 5 years | 8 weeks |
If the employer does not want you to work the notice, they must pay salary in lieu of notice.
What Compensation Are You Entitled To?
If you were fired without notice Malaysia illegally, you may claim:
| Type of Payment |
|---|
| Salary in lieu of notice |
| Unpaid wages |
| Annual leave balance |
| Public holiday pay |
| EPF & SOCSO |
| Compensation for unfair dismissal |
| Back wages (up to 24 months) |
The Industrial Court may also award reinstatement or financial compensation.
How to File a Complaint in Malaysia
If you were fired without notice in Malaysia, you should:
Step 1 – Collect Evidence
- Termination letter
- Payslips
- WhatsApp messages
- Emails
- Attendance records
Step 2 – Go to Labour Department
File a complaint at:
Jabatan Tenaga Kerja (JTK)
Step 3 – Industrial Relations Department
If it is unfair dismissal, lodge a case with:
Jabatan Perhubungan Perusahaan (JPP)
They will bring your case to the Industrial Court.
Can Employers Avoid Paying by Calling It “Misconduct”?
No. Many employers wrongly label terminations as “misconduct” to avoid paying notice.
The court will examine:
- Evidence
- Investigation
- Fairness
- Proportionality
If the employer cannot prove serious misconduct, the dismissal will be ruled unlawful.
Fired During Probation Without Notice
Even probation employees are protected.
Unless stated clearly in the contract, employers must still give:
- Notice or payment
- Fair treatment
You cannot be dismissed instantly just because you are on probation.
Resigned But Forced Out Immediately
If you resigned and the company forces you to leave the same day, they must still pay:
- Notice pay
- All final salary
Otherwise, it is considered constructive dismissal.
Can Foreign Workers Claim Protection?
Yes. All employees in Malaysia, including foreigners, are protected under employment law.
Frequently Asked Questions (FAQs)
1. Is fired without notice legal in Malaysia?
Only for proven serious misconduct.
2. Can I be terminated immediately for poor performance?
No. That requires warnings and improvement plans.
3. Can my boss fire me verbally?
Yes, but it is still legally binding and can be challenged.
4. How long do I have to file a claim?
Within 60 days for unfair dismissal.
5. Can I claim if I signed a termination letter?
Yes, if you were forced or misled.
6. How much compensation can I get?
Up to 24 months of back wages plus benefits.
