Your basic rights at work
The law behind your notice, leave and pay, and what it does not decide.
The Employment Act 1955 is the law most people mean when they talk about their basic rights at work in Malaysia, even if they do not know its name.
What it means
It sets baseline entitlements for employees in Peninsular Malaysia and Labuan. These include minimum notice, annual and sick leave, maternity leave and rules on working hours.
Reforms that took effect in 2023 extended coverage to all employees regardless of wage. They also capped the normal working week at 45 hours.1
Why it matters to you
The same reforms strengthened protection around pregnancy. Maternity leave is 98 days, paternity leave is 7 days, and dismissing an employee because she is pregnant is prohibited.2
This Act deals with entitlements, not with whether a dismissal was fair. That question is handled under the Industrial Relations Act.
What does this act actually cover
Check your payslips and contract against these baseline entitlements if you suspect notice pay or leave was miscalculated when your job ended.
If your real dispute is about the reason you were dismissed, read about unfair dismissal and its separate 60-day claim process.
You can check that filing window on the deadline calculator, whatever Employment Act questions run alongside it.
If you are considering a claim under the Employment Act 1955 alongside a dismissal, an independent employment lawyer can look at your facts. They can advise whether it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does the Employment Act protect me from unfair dismissal?
It sets baseline entitlements such as notice and leave. The specific protection against unfair dismissal comes from a separate law, the Industrial Relations Act, through a Section 20 claim.
Does this Act apply to workers in Sabah and Sarawak?
It applies to Peninsular Malaysia and Labuan. Sabah and Sarawak have their own Labour Ordinances that set similar statutory entitlements for those states.
Sources
- Employment Act 1955 amendments that took effect on 1 January 2023 extended coverage to all employees regardless of wage, and introduced a maximum 45 hour work week. Malay Mail, Employment Act 1955 Amendment 2022
- The amendments in force from 1 January 2023 set maternity leave at 98 days, paternity leave at 7 days, and prohibit terminating an employee because she is pregnant. Malay Mail, Employment Act 1955 Amendment 2022
Keep reading
If you are considering a claim under the Employment Act 1955 alongside a dismissal, an independent employment lawyer can look at your facts. They can advise whether it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.