What You Need to Know When Hiring A Part-Time Employee?
1. How to Determine A Part-Time Employee?
Average hours of work per week are between 30% -70% of the normal hours of work per week of a full-time employee employed in a similar capacity in the same enterprise
Example:
- Normal hours of work for a full-time employee is 8 hours per day, part-time employees should be those who work between 2.4 hrs to 5.6 hrs per day
- In the situation where full-time employee has to work 48 hours per week, part-time employees should be those who work between 14.4 hrs to 33.6 hrs per week.
2. Criteria of Non-Application under the Act
CASUAL EMPLOYEE
- engaged occasionally
- on an irregular basis
- as and when needed
- working hours in a week does not exceed 30% of the normal hours of work of a full-time employee in one week
HOME WORKING EMPLOYEE
- performs work for an employer within the employee’s residence, irrespective of occupation
3. Do we need to contribute EPF & Socso for Part-Time Employee?
Yes, Part-time employees is eligible for EPF & Socso contribution.
4. Do we need to contribute HRDF for Part-Time Employee?
NO, employer do not require to contribute HRDF for part-time employee.
Part-Time Employee Entitlement
REST DAY & PUBLIC HOLIDAY
Rest Day
A Rest Day in each week if works 5 days or more with a total working hours of not less than 20 hours a week.
Public Holidays
Not less than 7 of the gazetted public holidays and for the 7 gazetted holidays, 4 of them shall be:
- National Day
- the Birthday of the Yang di-Pertuan Agong
- the Worker’s Day
- the Birthday of Yang di-Pertua Negeri or the Federal Territory Day
bPart-Time Employee Entitlement – ANNUAL LEAVE
IMPORTANT NOTE !
- entitlement to paid annual leave shall be proportion to the number of completed months of service.
- shall pay ordinary rate of pay for paid annual leave taken by the part-time employee.
- shall pay unutilized paid annual leave to part-time employee whose contract has been terminated.
Part-Time Employee Entitlement – SICK LEAVE
IMPORTANT NOTE !
- NOT be entitled to paid sick leave on his non-working day.
- Shall be entitled to paid sick leave at his ordinary rate of pay.
- Any employer who fails to pay any part-time employee sick leave pay, will liable to a fine not exceeding RM10,000.
Part-Time Employee Entitlement
OVERTIME ON WORKING DAY
Part-Time Employee Entitlement
WORK & OVERTIME ON REST DAY
Part-Time Employee Entitlement
WORK & OVERTIME ON PUBLIC HOLIDAY
Are Part-Time Employees Eligible for Maternity Leave and Maternity Allowance?
Yes, Maternity Leave
No Maternity Allowance
Is Employer allow to employ Foreign Worker / Expatriate as Part-Time Worker?
No, foreign worker / expatriate must hire under employment contact with valid work permit.
Termination / Dismissal of Part-Time Employee
- The employer must have a valid reason to terminate the Part-Time Employee
Example: misconduct, poor performance or redundancy. - The Part-Time Employee will NOT entitle to Retrenchment Benefit if he / she has been lay-off by employer
Source From: http://jtksm.mohr.gov.my/images/pdf/Akta/16-peraturan_kerja_separa_masa_bm.pdf
