Sixty days from termination, under the Industrial Relations Act

By The Saplic team Updated on 12 Aug 2026

And it applies regardless of your wage level.

In this guide
  1. The legal route
  2. The deadline
  3. It applies regardless of wage
  4. Common grounds
  5. Remember the other 60-day clock
  6. What to gather
  7. Sexual harassment
  8. Penalties
  9. Where to start

Malaysia does not have at-will employment. Dismissal without just cause can be challenged.

The Industrial Relations Act 1967 governs employer-employee relations, collective bargaining and unfair dismissal claims.

The deadline

Complaints must be filed within 60 days of termination.

That is a short window. If you are considering a challenge, act immediately rather than after finding another job.

It applies regardless of wage

Unlike statutory termination benefits, which stop at RM4,000, the unfair dismissal route under the Industrial Relations Act is not capped by salary.

So a senior employee with no statutory severance entitlement can still challenge the dismissal itself.

Common grounds

  • Dismissal without just cause or excuse
  • Retrenchment without the 30-day notification to the Director General of Labour
  • Selection that ignored the LIFO principle without justification
  • Termination benefits not paid to a covered employee
  • Notice not given and no payment in lieu
  • Discrimination based on gender, race, religion or disability

Remember the other 60-day clock

EIS claims must be made within 60 days of the loss of employment, separately from any unfair dismissal complaint.

They are different processes with the same deadline. Do both.

What to gather

  • Your written contract
  • Payslips showing your wage level — RM4,000 decides entitlements
  • Evidence of your start date
  • The termination letter and its stated reason
  • Any record of the retrenchment process and selection
  • Your EPF and SOCSO statements

Sexual harassment

Employers must maintain a clear anti-harassment policy, display awareness notices, operate a formal complaints process, investigate promptly and take disciplinary action.

Failure can lead to legal penalties.

Penalties

Non-compliance with the Employment Act can attract fines of up to RM50,000 per offence.

Where to start

The Department of Labour, and the Industrial Relations framework for the dismissal claim itself.

Frequently asked questions

How long do I have to challenge a dismissal?
Sixty days from termination, under the Industrial Relations Act 1967. That window is short, so act immediately.
Does the RM4,000 threshold apply to unfair dismissal?
No. Unlike statutory termination benefits, the unfair dismissal route is not capped by salary, so senior employees can still challenge the dismissal itself.
What are common grounds?
Dismissal without just cause, retrenchment without the 30-day notification, selection ignoring LIFO, unpaid termination benefits, no notice or payment in lieu, and discrimination.
What are the two 60-day deadlines?
One for unfair dismissal complaints under the Industrial Relations Act, and one for EIS claims. They are different processes with the same deadline.
What should I gather?
Your written contract, payslips showing your wage level, start date evidence, the termination letter and its reason, records of the retrenchment process, and EPF and SOCSO statements.

Sources

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