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.
| Topic | What the law says |
|---|---|
| Who is covered | All employees since 1 January 2023; overtime and termination-benefit rules only for those earning RM4,000 a month or less |
| Working hours | Up to 8 hours a day and 45 hours a week |
| Overtime | 1.5 times the hourly rate on a normal day; higher rates on rest days and public holidays |
| Annual leave | 8 days (under 2 years), 12 days (2 to under 5 years), 16 days (5 years or more) |
| Sick leave | 14, 18 or 22 days depending on service, and up to 60 days if hospitalised |
| Paid public holidays | 11 a year, including 5 fixed: National Day, Labour Day, Malaysia Day, the Agong's birthday and the Ruler's or Governor's birthday |
| Maternity leave | 98 consecutive days |
| Paternity leave | 7 consecutive days for married male employees with at least 12 months' service |
| Notice of termination | 4, 6 or 8 weeks if the contract is silent |
| Flexible working | Right 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.