Malaysia Employment Act 1955 Amendment effective 1 January 2023, in summary:-
1) Provisions that DO NOT apply to those whose wages exceeding RM4,000 a month
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2) Work Hours
- The basic work hours will be reduced from forty-eight (48) hours per week to forty-five (45) hours per week.
- Disallow to extend break time / rest time to meet the forty-five (45) hours requirement
3) Calculation of Wages for an incomplete month
- calculate wages for an employee who works for less than a full month:
4) Paternity Leave
- Introduction of Paternity Leave of seven (7) consecutive days for up to five (5) confinements irrespective of number of spouses.
- A married male employee shall be entitled to paternity leave if he has been employed by the same employer at least twelve (12) months before the commencement of the paternity leave.
- He must notify his employer of the pregnancy of his spouse at least thirty (30) days from the expected confinement or as early as possible after the birth.
NOTE:
- Confinement is interpreted as 'parturition resulting after at least twenty-two (22) weeks of pregnancy in the issue of a child or children, whether alive or dead.
- If the employee's wife suffers a miscarriage after at least twenty-two weeks, he shall be eligible for paternity leave.
5) Maternity Leave
- The maternity leave amended from sixty (60) days to ninety-eight (98) days for both Malaysia and foreign workers.
6) Protection for Pregnant Mothers against Termination
- The amendment also includes more protection for pregnant female employees, as well as those suffering from pregnancy-related illnesses.
- It will be an offence under the Employment Act 1955 for employers to terminate (or give notice of termination) to this category of employees, except:
- Breach of contract
- Misconduct
- Closure of business
7) Hospitalisation Leave
- The amendment provides for 60 days of Hospitalisation leave. Sick leave remains unchanged.
- Sick Leave will not be part of hospitalisation leave.
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8) Flexible Work Arrangement (FWA)
9) Employment of Foreign Worker
furnish require employment particulars to the Director General, if directed within fourteen (14) days
If the service of the foreign employee is terminated on the following grounds
Employers are required to notify the Director General of any termination of foreign workers within thirty (30) days from the date of termination. If the service of the foreign employee is terminated on the following grounds
Employers are required to notify the Director General within fourteen (14) days from the date of termination
10) Sexual Harassment Awareness
11) Employment of Discrimination
12) Prohibition of Forced Labour
What you need to do? Kindly review your current HR and payroll policy to make the necessary adjustment / amendment effective 1st January 2023.
HR Audit and Payroll Audit Services We provide HR Audit and Payroll Audit services to review your company policy. Contact This email address is being protected from spambots. You need JavaScript enabled to view it. / +604 305 9600 or your Sales consultant, and we would be happy to assist you.
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