EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010

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

 

Part-Time Employee Entitlement – ANNUAL LEAVE

IMPORTANT NOTE !

1. entitlement to paid annual leave shall be proportion to the number of completed months of service.

2. shall pay ordinary rate of pay for paid annual leave taken by the part-time employee.

3. shall pay unutilized paid annual leave to part-time employee  whose contract has been terminated.

 

 

Part-Time Employee Entitlement – SICK LEAVE

IMPORTANT NOTE !

1. NOT be entitled to paid sick leave on his non-working day.

2. Shall be entitled to paid sick leave at his ordinary rate of pay.

3. 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

1. The employer must have a valid reason to terminate the Part-Time Employee

• Example: misconduct, poor performance or redundancy.

 

2. 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 

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