What is it like to give evidence at the Labour Court for an unpaid wages claim?

If your employer has not paid your wages, you may have filed a claim with the Labour Department under section 69 of the Employment Act 1955. Once the matter goes to hearing, you will be asked to give evidence at what is commonly called the Labour Court (Mahkamah Buruh). This article explains what to expect. For how to file a claim, see our article on unpaid salary claims.

What is the Labour Court?

The "Labour Court" is not a court building like the Sessions or High Court. It is a hearing conducted by an officer of the Department of Labour (JTKSM in Peninsular Malaysia), usually at the Labour Office, to inquire into and decide claims such as unpaid wages under section 69 of the Employment Act 1955.

It is less formal than a court, but it is still a legal hearing. The decision can be enforced, and either side may appeal to the High Court within 14 days of the order.

Sabah and Sarawak have their own labour laws and departments, so check locally if you work there.

What happens at the hearing?

Procedure varies, but a typical hearing looks like this:

1. Registration: you report to the Labour Office and wait to be called.
2. Opening: the Labour Officer confirms who is present and the claim.
3. Your evidence: you take an oath or affirmation, then explain your claim. The officer may ask you questions.
4. Questions from the employer: the employer or its representative may ask you questions.
5. Employer's evidence: the employer's witnesses give evidence, and you may ask them questions.
6. Decision: the officer may decide on the day or later.

Hearings are usually conducted in Bahasa Malaysia. If you need help with language, ask the Labour Office in advance.

Have a question about your own situation? Ask on WhatsApp

What documents should I bring?

Bring originals and copies of:

• your IC or passport;
• your appointment letter or employment contract;
• payslips, bank statements showing salary payments, and EPF statements;
• attendance records, timesheets or rosters if overtime or rest-day pay is claimed;
• resignation or termination letters;
• messages or emails with your employer about the unpaid wages, kept in full; see our article on WhatsApp messages and emails as evidence.

Prepare a simple table of what you claim: month, amount due, amount paid, balance. It helps the officer follow your claim.

Can I bring witnesses?

Yes, if a colleague or other person can confirm relevant facts, for example that you worked particular days. Tell the Labour Office in advance; it can usually issue a notice requiring a witness to attend. Witnesses should give their own account. Do not prepare a script for them or ask them to say things they do not know.

How should I give my evidence?

• Tell the truth, including facts that do not help you, such as advances you received.
• Keep to the facts: dates, amounts, what was said.
• Answer the question asked; if you do not understand, ask for it to be repeated.
• Stay calm when the employer questions you, even if the questions feel personal.
• Do not exaggerate hours or amounts. False evidence has serious consequences; see our article on perjury.

What if I am the employer?

Employers should attend with the payroll records, attendance records, contract and any documents showing payment or deductions. Send a person who actually knows the facts, such as the HR or payroll officer. See our article on giving evidence for a company.

Common mistakes

• Not attending the hearing. The matter may proceed or be struck out without you.
• Bringing only photocopies when originals are disputed.
• Claiming amounts without a clear breakdown.
• Arguing with the other side instead of addressing the officer.
• Missing the 14-day appeal window if you disagree with the decision.

When to speak to a lawyer

Speak to a lawyer if your claim is large or complex, if the employer disputes that you were an employee, if the case may also involve unfair dismissal, or if you are considering an appeal. Chris & Partners, led by Dr Chee Hui Bing, handles employment-related litigation. Contact us; every case depends on its facts.

Frequently asked questions

Do I need a lawyer at the Labour Court?

Many claimants attend without one. The process is designed to be accessible, but advice can help in complex cases.

Does filing a claim cost money?

Filing at the Labour Office is generally free. Check with JTKSM.

What if my employer does not turn up?

The officer may proceed and decide the claim. Bring all your documents in any case.

Can I claim for unfair dismissal at the Labour Court?

Unfair dismissal is generally dealt with through a representation to the Industrial Relations Department and possibly the Industrial Court. See our article on the Industrial Court.

What if the employer does not pay after the decision?

The order can be enforced. Ask the Labour Office or a lawyer about the next steps.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Employment Act 1955 (Act 265), including sections 19 and 69, AGC Laws of Malaysia
2. Department of Labour Peninsular Malaysia (JTKSM): Labour case FAQ
3. JTKSM: Employment Act 1955 (Amendment) 2022 FAQ
4. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026