Employment Act 1955 (Act 265), Regulations and Orders & Selected Legislation [As At 1st January 2023]
Employment Act 1955 (Act 265),
Detailed Contents Of Employment Act 1955 (Act 265) :
The Employment Act 1955 (Act 265) is a piece of legislation that regulates employment in Malaysia. It is designed to protect the rights of employees and ensure fair treatment in the workplace. The Act covers a wide range of employment-related issues, including minimum wage, working hours, overtime pay, annual leave, sick leave, and termination of employment.
The Act is supported by several regulations and orders, which provide further guidance on how it should be implemented. These regulations and orders cover a range of topics, including employment of women, foreign workers, and young persons, as well as industrial relations and social security.
Some of the key provisions of the Employment Act 1955 (Act 265) are:
Minimum wage: The Act sets a minimum wage for employees in the private sector, which is currently set at RM1,200 per month in Peninsular Malaysia and RM1,100 per month in Sabah, Sarawak, and Labuan.
Working hours: The Act limits the maximum number of working hours per week to 48 hours, with a maximum of eight hours per day. Employees are entitled to at least one rest day per week.
Overtime pay: Employees who work more than the normal hours of work are entitled to overtime pay, which is set at a rate of 1.5 times their normal hourly rate.
Annual leave: Employees who have completed one year of service with their employer are entitled to paid annual leave, which ranges from eight to 16 days per year depending on their length of service.
Sick leave: Employees who are unable to work due to illness or injury are entitled to paid sick leave, which is set at 14 days per year.
Termination of employment: The Act provides for both the termination of employment by the employer and the resignation of the employee. Employers are required to provide notice of termination or payment in lieu of notice, while employees are required to give notice of resignation.
In addition to the Employment Act 1955 (Act 265), there are several other pieces of legislation that govern employment in Malaysia. These include:
Employment (Restriction) Act 1968 (Act 353): This Act regulates the employment of foreign workers in Malaysia.
Industrial Relations Act 1967 (Act 177): This Act provides for the regulation of industrial relations, including the resolution of disputes between employers and employees.
Employees' Social Security Act 1969 (Act 4): This Act provides for the social security of employees, including provisions for disability, invalidity, and survivors' benefits.
Overall, the Employment Act 1955 (Act 265) and the other relevant legislation provide a comprehensive framework for employment in Malaysia. Employers are required to comply with the provisions of these Acts to ensure fair treatment of their employees and avoid legal repercussions.
Employment Act 1955 (Act 265) Contains :
Employment Information Act 1953 (Act 159)
Children and Young Persons (Employment) Act 1966 (Act 350)
Employment (Restriction) Act 1968 (Act 796)
Weekly Holidays Act 1950 (Act 220)
Holidays Act 1951 (Act 369)
Employment Regulations 1957
Employment (Procedure-Reciprocal Provisions) Regulations 1957
Employment (Employment of Women) (Female Conductors)
Employment (Restriction) (Employment Permit) Regulations 1969
Employment (Employment of Women) (Shift Workers) Regulations
Employment (Restriction) (Exemption) Order 1972
Employment (Restriction) (Exemption) (No. 2) Order 1972
Employment (Minimum Rate of Maternity Allowance) Regulations
Employment (Termination and Lay-Off Benefits) Regulations
Employment (Limitation of Overtime Work) Regulations 1980
Employment (Limitation of Powers of Officers) Regulations 1993
Federal Territory of Labuan (Extension and Modification of
Employment Act) Order 2000
Employment (Annual Employment Returns) Regulations 2003
Employment (Part-Time Employees) Regulations 2010
Minimum Retirement Age Act 2012 (Act 753)
Minimum Retirement Age (Inquiry) Regulations 2013
Employment (Restriction) (Exemption) Order 1992
Minimum Wages Order 2022