Last Update December 19, 2025

Top 10 Powerful Employee Protections Under Malaysia’s Employment Act 1955: Ultimate 2025 Guide

Discover the key protections of Malaysia’s Employment Act 1955. Learn how the law safeguards employees’ rights, from working hours to maternity leave, and ensures fair treatment for all workers, regardless of wage.

Introduction to the Employment Act 1955

Malaysia’s Employment Act 1955 (EA 1955) stands as the central pillar of labor protection in Peninsular Malaysia and the Federal Territory of Labuan. Enacted to ensure fairness and minimum standards at the workplace, this legislation has evolved over the years—most notably with major amendments that took effect on January 1, 2023. These changes have widened its scope, offering stronger security for both employees and employers by clearly defining rights and obligations.

Understanding the Employment Act 1955 is crucial, whether you are an HR manager, small business owner, or an employee wanting to safeguard your rights. This guide provides a detailed yet accessible breakdown of who is covered, the special categories protected, and the powerful safeguards enshrined in law.

Who Is Covered Under Malaysia’s Employment Act 1955?

The EA 1955 now covers all employees in Peninsular Malaysia and Labuan who are working under a contract of service—regardless of how much they earn. This shift, brought by the 2023 amendments, eliminates confusion about wage thresholds and extends protection to a wider workforce.

Definition of Contract of Service:
A contract of service means an agreement, whether oral or written, where one person agrees to employ another as a worker and the other agrees to serve as an employee. This includes full-time, part-time, and even probationary employees.
Applicability by Wage:
Prior to 2023, protections under the Act were limited by salary. Now, nearly all employees (except certain categories) enjoy baseline rights—setting a clear standard for fair treatment.
Coverage Expansion:
This means executives, junior staff, and even those with higher salaries benefit from the Act’s minimum requirements unless otherwise specified.

Key Exclusions and Exceptions

While the Employment Act 1955 casts a wide net, there are notable exceptions:

Overtime pay (Section 60A(3))

Rest day pay (Section 60(3))

Shift allowances (Section 60C(2A))

Public holiday pay (Section 60D(3)&(4))

Termination, lay-off, and retirement benefits (Section 60J)

Employees in Sabah & Sarawak (governed by state ordinances)

Independent contractors & freelancers

Government (public sector) employees

Special Categories Fully Covered (Regardless of Wages)

One of the most powerful features of the EA 1955 is its full coverage for certain job categories, even if they earn more than RM4,000 per month. These roles are explicitly listed to ensure core sectors and vulnerable workers always receive baseline protections.

Why this matters:

These categories are listed in Paragraph 2 of the First Schedule of the EA 1955, ensuring that even highly paid staff in these roles must receive overtime pay, leave entitlements, termination benefits, and other protections—closing common loopholes.

Manual laborers are protected regardless of wage.

Examples include:

Construction workers (site laborers, builders)
Factory/production line staff
Warehouse packers & loaders
Cleaners & Janitors
Landscapers & Gardeners
General maintenance crews

Supervisors who manage or direct manual labor are also fully covered, such as:

Employees whose main duties involve operating or maintaining vehicles and machinery benefit from full protections:

Domestic servants are often at risk of abuse or exploitation, making this full protection vital. Examples:

Employees Not Covered by the Employment Act 1955

Not all workers in Malaysia fall under the EA 1955:

Understanding these distinctions helps avoid confusion and ensures workers know which rights and protections they can legally claim.

10 Key Protections Under Malaysia’s Employment Act 1955

The EA 1955 grants powerful rights to employees—forming the backbone of fair labor practices in Malaysia.

Employees are protected from overwork with a maximum of 45 hours per week. Overtime pay is mandatory for hours worked beyond this limit—usually at 1.5 times the hourly rate.

Tip: Even supervisors or vehicle operators get overtime, no matter their salary!

All employees must receive at least one rest day per week. Work on public holidays entitles them to extra compensation, ensuring they’re not exploited during national celebrations.

Depending on their length of service, employees are entitled to annual leave (from 8 to 16 days) and sick leave (14 to 22 days). Hospitalization grants up to 60 days’ sick leave per year.

Malaysia’s EA 1955 is forward-thinking on family support, granting:

This applies regardless of the employee’s wage or job title.

The Act enshrines the right to fair dismissal. Employees cannot be terminated without just cause and are entitled to due process, with recourse to the Industrial Court if necessary.

Recent amendments give employees the right to request flexible work arrangements—including remote work, changes in hours, or compressed workweeks. Employers must respond in writing with reasons for refusal if they deny the request.

Employer Obligations & Compliance

Employers must:

Pro tip: Routine HR training on the Act reduces risks and improves employee satisfaction.

Employee Rights and How to Enforce Them

Employees who feel their rights are violated can:

File a complaint at the nearest Labor Department office.

Seek advice from trade unions or legal aid services.

Pursue claims through the Industrial Court.

Keeping personal copies of employment contracts, payslips, and medical certificates is crucial for building a strong case.

Real-Life Case Studies: Employment Act in Action

Overtime Dispute

A factory worker was denied overtime despite working 60 hours a week. After filing a complaint, the Labor Department investigated and ordered the employer to pay back wages plus interest.

Dismissal Without Cause

A delivery driver was fired without notice. The Industrial Court ruled the dismissal unjust, awarding compensation and ordering reinstatement.

Maternity Leave Violation

A domestic servant was dismissed after requesting maternity leave. The court ruled in her favor, highlighting the Act’s protection for all wage levels.

Common Myths and Misconceptions About the Employment Act

Myth	Fact
Only low-wage earners are protected.	Many high earners are also covered.
Freelancers can claim annual leave.	Only formal employees are entitled.
Employers can deny rest days to supervisors.	All covered employees must have a rest day.

Practical Tips

Conclusion

Malaysia’s Employment Act 1955 delivers robust protection for a wide range of employees—regardless of wage or sector (with few exceptions). Both employers and employees should stay informed, ensure compliance, and seek help if needed. As the workforce evolves, so does the law, making continuous learning essential.

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