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6 October 2026

Employment Act 1955: Key Employee Rights Explained

A plain summary of the Employment Act 1955 after the 2022 amendments: working hours, overtime, leave, notice, maternity and paternity leave.

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The Employment Act 1955 sets the minimum terms of employment in Malaysia. Since 1 January 2023 it applies to all employees regardless of salary, although some provisions, such as overtime and termination benefits, apply only to employees earning RM4,000 a month or less (and manual workers).

Key employee rights at a glance

The table summarises the main minimums. Your contract can give you more than the Act, but not less.

Employment Act 1955: main minimums
TopicWhat the law says
Who is coveredAll employees since 1 January 2023; overtime and termination-benefit rules only for those earning RM4,000 a month or less
Working hoursUp to 8 hours a day and 45 hours a week
Overtime1.5 times the hourly rate on a normal day; higher rates on rest days and public holidays
Annual leave8 days (under 2 years), 12 days (2 to under 5 years), 16 days (5 years or more)
Sick leave14, 18 or 22 days depending on service, and up to 60 days if hospitalised
Paid public holidays11 a year, including 5 fixed: National Day, Labour Day, Malaysia Day, the Agong's birthday and the Ruler's or Governor's birthday
Maternity leave98 consecutive days
Paternity leave7 consecutive days for married male employees with at least 12 months' service
Notice of termination4, 6 or 8 weeks if the contract is silent
Flexible workingRight to apply; the employer must give reasons within 60 days if it refuses

What the 2022 amendment changed

The Employment (Amendment) Act 2022, in force from 1 January 2023, cut the normal working week to 45 hours, extended maternity leave to 98 days, introduced 7 days of paternity leave and gave employees the right to request flexible working arrangements.

Check your own entitlements

Use the overtime, annual leave and prorated salary calculators to turn these minimums into your own numbers.

Frequently asked questions

Does the Employment Act 1955 apply to everyone in Malaysia?

Since 1 January 2023 it applies to all employees regardless of salary, but overtime and termination-benefit provisions apply only to employees earning RM4,000 a month or less and to manual workers.

How many hours can I be required to work in a week?

The normal working week is a maximum of 45 hours, and no more than 8 hours in a day.

How many days of maternity leave do I get in Malaysia?

98 consecutive days under the Employment Act, after the 2022 amendment that took effect on 1 January 2023.