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Are you an employee who is covered under the Employment Act 1955?

Workers covered under the Employment Act 1955 are all workers whose earnings do not exceed RM1,500.00 a month and all manual workers irrespective of their earnings.
If you are a foreign worker legally employed in this country, you are also covered under the Employment Act 1955.

What are the types of work that women are prohibited from doing under the Act?

The types of work that women are prohibited are: underground work, industrial and agricultural undertaking between 10.00 pm – 5.00 am without exemption from the Director General of Labour.

How long the notice of termination of contract of service should be given to an employer/employee?

If the contract of service does not specify the period of notice, the notice shall be as follows: 4 weeks’ notice – has been employed for less than 2 years; 6 weeks’ notice – has been employed for 2 years or more but less than 5 years; or 8 weeks’ notice – has been employed for 5 years or more.

Is it compulsory for a contract of service to specify a wage period?

A contract of service shall specify a wage period not exceeding one month. If the contract does not specify this, the wage period would be deemed to be one month.

Is it possible for either an employer or an employee to terminate the contract of service without giving notice?

It is possible to terminate the contract of service without notice: by paying to the other party an indemnity in lieu of notice. if there is a willful breach by the other party of a condition of the contract of service.

At what rate should an employee who works overtime to be paid?

Overtime rate should not be less than the following: On normal day's work, 1 1/2 times the hourly rate of pay. On rest day's work, 2 times the hourly rate of pay. On public day's work, 3 time the hourly rate of pay.

How many rest days should an employee is entitled to under the Act?

An employee should be entitled to one whole day of rest day in each week.

How should an employee who is required to work on a rest day be paid?

An employee who is required to work on a rest day shall be paid one additional day wages at his ordinary rate of pay.

Is it lawful for an employer to require his employee to work on a rest day?

An employee can be required by his employer to work on a rest day under the following circumstances: accident, actual or threatened in the workplace; work which is essential to the life of the community; work which is essential to the defense or security of the country; urgent work need to be done to the machinery or plant; an interruption of work which was impossible to foresee; work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967.

FAQ On Minimum Wages in Malaysia