Malaysian Labour Law - Are You Protected?

Every Malaysian works in Malaysia is protected by the Labour Law. But, how well do you know about this law? Here I would introduce some basic laws that everyone should know.

Why Should I Know?

As an employee, I do not want to be cheated blindly by the company I work with heart and soul for. Hence, I must understand how can I be protected. And be sure to get what I should get from the company.

How Am I protected?

There are actually many Labour Laws in Malaysia. For details, you should read from MyLabourLaw.Net

About Leaves and Holidays.

Every employee should have Annual leaves, Sick Leaves and Public Holidays.

For Annual Leaves, if you are employed less than 2 years, you only have 8 days annually. If you are employed more than 2 years but less than 5 years, you get 12 days annually. If you are employed more than 5 years, you get 16 days. However, to my knowledge, most people working in KL get 14 days regardless of the period of employment. Me as well :-)

For Sick Leaves, if you are employed less than 2 years, you get 14 days annually. If employed more than 2 years but less than 5 years, you get 18 days annually. If employed more than 5 years, you get 22 days annually. If you are admitted to hospital, you get 60 days. However, please be noted that you need to have medical certificate which is approved by the company in order to get paid sick leaves.

For Public Holidays, each employee should get 10 of the gazetted Malaysia public holidays each year. And 4 of them should be the National Day, the Birthday of the Yang di-Pertuan Agong, the Birthday of the Ruler or the Yang di-Pertua Negeri of the State or the Federal Territory Day, and the Labours Day.

About Working Hours.

Every employee should have at least 30 minutes of rest time within 5 consecutive hours. Here in KL, you get 1 hour to take lunch and rest. And should work less than 8 hours a day.

You should never be in excess of a spread over period of 10 hours in one day. And more than 48 hours in one week.

However, if you are required to work Overtime, your boss should pay you at least 1.5x your hourly rate of pay.

Every employee should get at least one Rest Day in a week. If you work on a rest day, your boss should pay you also:

Daily-rated Worker
- 1 day's wages (work not exceeding half his normal hours of work).
- 2 days' wages (work is more than half but does not exceed his normal hours of work).

Monthly-rated Worker
- 1/2 day's wages (work not exceeding half his normal hours of work).
- 1 day's wages (work is more than half but does not exceed his normal hours of work).

If you work overtime on a rest day, your boss should pay you at least 2x your hourly rate of pay.

Resignation? Or Fired?

Whenever you feel unsatisfied with your company, you may resign. But before you take action, you should give notice prior to:

- 4 weeks notice (less than 2 years employment)
- 6 weeks notice (over 2 years but less than 5 years employment)
- 8 weeks notice (more than 5 years employment)

But on the other hand, you may also get fired by your boss if there is misconduct on you. Also, if you are continuously absent from work for more than 2 days without notice.

Your Explanation Is Not Detailed Enough!
Yes I know! There are actually many to write about in a complicated way. But if you do a search, you can find what you look for.