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Employment Contracts, Misconduct, Dismissals & Workplace Disputes

Employment & Industrial Relations Lawyers in Malaysia

Our employment lawyers advise employers and employees across Klang, Selangor and Kuala Lumpur on employment law and industrial relations matters, including contracts, workplace policies, misconduct, dismissals and negotiations relating to disputes. Our focus is on clear, practical guidance that helps you manage people issues in a fair and legally compliant way.

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Employment Law & Industrial Relations Overview

Employment and industrial relations issues affect both businesses and individuals. Clear contracts, well-drafted policies and proper processes play an important role in reducing disputes and managing risk. Our lawyers provide advice across the employment life cycle – from hiring and probation to discipline, performance management, termination and post-employment restrictions.

For a detailed overview of the process and your rights, read our guide: Wrongful Dismissal in Malaysia — What You Need to Know.

Who We Commonly Advise

  • Employers and HR teams
  • Managers and business owners
  • Employees and executives
  • Professionals facing workplace disputes

Our Employment Law & Industrial Relations Services

Employment Contracts & Policies

  • Drafting and reviewing employment contracts
  • Probation, confirmation and fixed-term arrangements
  • Handbooks, HR policies and codes of conduct
  • Confidentiality, non-solicitation and related clauses

Discipline, Misconduct & Performance

  • Advising on investigations into alleged misconduct
  • Show cause letters and domestic inquiry processes
  • Performance management and warning procedures

Termination, Dismissals & Resignations

  • Advice on termination for misconduct or poor performance
  • Retrenchment, redundancy and restructuring exercises
  • Constructive dismissal and resignation issues
  • Severance agreements and exit arrangements

Industrial Relations & Disputes

  • Advising on unfair dismissal and industrial disputes
  • Negotiation and settlement discussions
  • Support in claims before relevant authorities or tribunals

Common Employment & Industrial Relations Issues

Unclear Employment Terms

Contracts or policies that do not clearly set out duties, hours, benefits or termination rights.

Misconduct & Investigations

Allegations of misconduct or harassment and uncertainty on how to run a fair process.

Poor Performance

Managing underperformance and documenting steps before termination.

Dismissal & Retrenchment

Questions about fairness, procedure and possible claims after termination.

Post-Employment Concerns

Use of confidential information, client solicitation or competitive activities after leaving.

Our Approach to Employment & Industrial Relations Matters

We aim to balance legal compliance with practical HR and business realities, focusing on clear steps and documentation.

1

Understanding the Background

We review the employment documents, correspondence and key events leading up to the issue.

2

Identifying Legal & Practical Risks

We highlight legal obligations, potential exposure and practical considerations.

3

Planning the Process

We set out recommended steps, including documentation, timelines and communication.

4

Implementation & Follow-Up

We assist with letters, meetings, negotiations and any subsequent claims or settlements.

Why Engage Us for Employment Law & Industrial Relations?

  • Balanced advice that considers both legal and HR implications
  • Clear guidance on procedure, documentation and communication
  • Support for employers and employees in navigating disputes
  • Structured approach to investigations and disciplinary processes
  • Focus on realistic, outcome-oriented strategies

Employment Law Advice Across Klang Valley, Kuala Lumpur and Selangor

DMP Legal advises employers and employees on employment law and industrial relations matters across Klang, Kuala Lumpur, Selangor and the wider Klang Valley. These matters may involve employment contracts, workplace policies, misconduct allegations, domestic inquiries, termination, retrenchment, unfair dismissal concerns or post-employment restrictions.

We assist clients connected to workplaces in Shah Alam, Petaling Jaya, Subang Jaya, Puchong, Cheras, Ampang, Putrajaya, Cyberjaya and other business areas in Selangor and Kuala Lumpur. Employment matters often require review of contracts, payslips, warning letters, show cause letters, termination letters, company policies and correspondence before the next step is taken.

  • Employment contract and workplace policy review for Malaysian businesses
  • Advice on dismissal, retrenchment, misconduct and domestic inquiry processes
  • Support for employees and employers involved in workplace disputes

Frequently Asked Questions

Employers should ensure there is a proper basis for dismissal, adequate documentation and a fair process. This may include investigations, show cause letters and a chance for the employee to respond.
An employee who believes they have been unfairly dismissed may file a complaint under section 20 of the Industrial Relations Act 1967 within 60 days of the dismissal date. The complaint is first referred for conciliation. If conciliation fails, the matter may be referred to the Industrial Court. The 60-day deadline is strictly applied.
Written contracts are strongly recommended as they provide clarity on terms, rights and obligations for both employer and employee.
Many employment disputes can be resolved through internal grievance processes, direct negotiation or mediated settlement. Where formal action is required, options include complaints to the Labour Department under the Employment Act 1955 or to the Industrial Relations Department for unfair dismissal. We advise on the most appropriate route based on the specific circumstances.
The Industrial Court of Malaysia is a specialised tribunal established under the Industrial Relations Act 1967 to hear and determine trade disputes and dismissal claims. It is the primary forum for wrongful and unfair dismissal cases in Malaysia.
Yes. If you have been dismissed without just cause and excuse, you may file a representation under section 20 of the Industrial Relations Act 1967 with the Director General of Industrial Relations within 60 days of your dismissal. This deadline is strictly enforced.
The timeline varies. After a representation is filed, the conciliation process at the DGIR level typically takes several months. If the matter is referred to the Industrial Court, proceedings can take 1 to 3 years depending on complexity and court scheduling.
The Industrial Court may order reinstatement to your former position, or compensation in lieu of reinstatement. Back wages are typically awarded up to a maximum of 24 months, and the court has discretion to reduce this based on the circumstances.
Yes. An employer relying on misconduct as justification for dismissal must be able to establish that the misconduct was proved and that the punishment of dismissal was proportionate. Dismissal without a proper domestic inquiry or clear just cause is at greater risk of being overturned by the Industrial Court.

Lawyers Who Handle Employment Matters

Guneeswary

Guneeswary

Partner

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Dinesh Ganesan

Dinesh Ganesan

Founder & Managing Partner

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Related Practice Areas

General Litigation Corporate & Commercial Law

Get in Touch

If you are dealing with an employment or industrial relations issue, our team can help you understand your position, options and next steps.

Phone: +603 3325 7280

WhatsApp: +60 16-244 3367

Email: [email protected]

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