1. Employment Contracts
Employers must provide a written contract for any job lasting more than one month. Each contract should clearly state the employee’s role, work location, salary, benefits, working hours, leave entitlements, and notice period. Both the employer and employee should sign it, and a copy must be kept for company records.
Contracts can be written in English or Bahasa Malaysia if the employee understands the language used. Fixed-term agreements must have a start and end date. Repeated renewals may be treated as permanent employment. All contract terms must meet the minimum standards under the Employment Act. Otherwise, the law overrides the clause automatically.
2. Working Hours and Overtime
Normal working hours in Malaysia are limited to eight hours per day and no more than forty-five hours per week. Employers must give at least one rest day each week, usually Sunday, unless the nature of the business requires otherwise. If an employee works past normal hours, the company must pay overtime at a rate of at least 1.5 times the hourly wage.
Correct attendance and overtime records must be kept, as the Labour Department may request them during inspections. Employers should also guarantee that work schedules allow enough breaks and rest between shifts to meet the health and safety standards outlined in Malaysian labor regulations.
3. Minimum Wage
Malaysia has a national minimum wage that applies equally to Malaysian citizens and foreign workers.
Current wage is set to RM1,500, but the rate is reviewed and adjusted by the National Wages Consultative Council based on economic conditions and cost of living. Employers must stay updated on any official changes and adjust salaries accordingly to remain compliant. Failure to meet the minimum wage requirement can cause fines or enforcement action by the Labour Department.
4. Employee Benefits
Employees in Malaysia are entitled to a range of benefits under the Employment Act 1955 and related regulations. These include paid annual leave, sick leave, holidays, and maternity or paternity leave. The number of leave days increases with years of service.
Employers must also contribute to three key statutory bodies: the Employees Provident Fund for retirement savings, the Social Security Organisation for workplace injury and invalidity protection, and the Employment Insurance System for unemployment coverage. Many companies offer additional benefits such as health insurance or travel allowances to attract and retain skilled workers.
5. Payroll Tax and Social Contributions
Employers must withhold tax under Malaysia’s Monthly Tax Deduction system and remit it to the Inland Revenue Board. EPF contributions are 11% depending on salary level, with additional SOCSO and EIS payments required monthly. Late or incorrect filings can attract fines and inspection by authorities.
6. Termination and Severance Pay
Termination in Malaysia must follow the terms of the employment contract. Employers must provide written notice or payment and have valid reasons such as redundancy, misconduct, or poor performance.
Employees are entitled to termination benefits based on service length:
- 10 days’ wages per year for under two years
- 15 days for two to five years
- 20 days for over five years.
All payments should be made promptly and documented to meet legal requirements.
7. Foreign Workers
Employers in Malaysia can hire foreign staff only with approval from the Immigration Department. A valid work permit or employment pass must be secured before the employee begins work.
Companies must also follow quota limits, pay required levies, and provide medical insurance. Health checks are mandatory, and any job or location changes must be reported to the authorities.