Wrongful Dismissal in Malaysia, termination of employment without notice

anonymous
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Tinanggal ang kaibigan kong OFW sa trabaho dito sa Malaysia. Walang Warning Letter or Verbal Warning. Nagbigay lang ng Termination Letter at ang basis na sinasabi ng termination ay "poor performance" daw. Pero wala namang binigay na performance appraisal. At wala namang nagaganap na performance appraisal sa kumpanya nya. Isa pa, last day na nya yung day na ibinigay ang termination letter. Ano pwedeng gawin ng kaibigan ko na OFW dito sa Malaysia? Saan pwede lumapit para makahingi ng tulong? Pwede ba sa Embassy natin? Salamat.


Translation: My friend, who is an overseas Filipino worker (OFW) here in Malaysia, was dismissed/fired from work. He/she was not given any notice, advice, nor any verbal warning or warning letter, but she/he was just immediately given a termination letter.

The basis of the termination stated was "poor performance". But there was no performance appraisal given, and the company does not conduct any performance appraisal. Furthermore, the termination letter was given on the very day that her last day would supposedly take effect (last day he/she will be paid). What could my friend do? Where could he/she go to ask for help? Can she go directly to the Philippine Embassy in Malaysia?



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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
I am not familiar with Malaysian labor law. If your friend is an OFW (ibig sabihin, dumaan sa POEA ang iyong contract of employment at hindi ka direct hire), you can always file a case for illegal dismissal in the Philippines under Philippine labor laws at ang idedemanda mo ay iyong agency na nag-deploy sa iyo. But if you were directly hired, you will have to sue your employer in Malaysia under Malaysian labor laws. Please consult a lawyer. Kulang ang details na ibinigay ninyo so I can’t really give you detailed advice.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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