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Employment Act 1955

EMPLOYMENT ACT 1955

AKTA KERJA 1955

Act 265 · consolidated to 1 Aug 2023 · 121 pp

Socio-economic rights
This copy of the Act is 3 years old. Any amendment made since 1 August 2023 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Since the 2022 amendments took effect on 1 January 2023 the Act covers all employees regardless of wage, with some provisions capped. It matters enormously to arts workers because the line between employee and freelancer decides whether any of it applies: notice, leave, maternity, paternity, sick pay, and the right to complain to the Labour Department instead of suing.

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Labelling someone a freelancer does not make them one. Control, integration and mutuality decide it, and the Labour Court looks at substance.

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What to read first

Section numbers read out of the AGC text itself

s.8Contracts of service not to restrict rights of employees to join, participate in or organize trade unions
s.19Time of payment of wages
s.59Rest day
s.60AHours of work and working at night
s.60EAnnual leave
s.60FSick leave
s.37Length of eligible period and entitlement to maternity allowance
s.60FAPaternity leave
s.60JTermination, lay-off and retirement benefits
s.69FDiscrimination in employment
s.60PFlexible working arrangement
s.81BInquiry into complaints of sexual harassment
Full arrangement of sections 129 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title and application
s.2AMinister may prohibit employment other than under contract of service
s.2BGeneral power to exempt or exclude
s.3Appointment of officers
s.4Appeals
s.5Effect on Act of other written laws
s.6Saving of existing contracts
s.7More favourable conditions of service under the Act to prevail
s.7AValidity of any term or condition of service which is more favourable
s.7BRemoval of doubt in respect of matters not provided for by or under this Act
s.8Contracts of service not to restrict rights of employees to join, participate in or organize trade unions
s.10Contracts to be in writing and to include provision for termination
s.11Provision as to termination of contracts
s.12Notice of termination of contract
s.13Termination of contract without notice
s.14Termination of contract for special reasons
s.15When contract is deemed to be broken by employer and employee
s.16Employees on estates to be provided with minimum number of days’ work in each month
s.17AApprenticeship contracts excluded from sections 10 to
s.18Wage period
s.18ACalculation of wages for incomplete month’s work
s.19Time of payment of wages
s.20Payment on normal termination of contract
s.21Payment on termination of contract in special circumstances and on breach of contract
s.22Limitation on advances to employees
s.23Wages not due for absence from work through imprisonment or attendance in court
s.24Lawful deductions
s.25Wages to be paid through financial institution
s.25APayment of wages other than through financial institution
s.26Conditions restricting place at which, manner in which and person with whom wages paid to be spent, illegal
s.27Interest on advances forbidden
s.28Restriction on places at which wages may be paid
s.29Remuneration other than wages
s.31Priority of wages over other debts
s.32Reference by the court to Director General
s.33Liability of principals and contractors for wages
s.33AInformation relating to supply of employees
s.37Length of eligible period and entitlement to maternity allowance
s.38Payment of maternity allowance
s.39Payment of allowance to nominee on death of female employee
s.40Loss of maternity allowance for failure to notify employer
s.41Payment of allowance to nominee
s.41ARestriction on termination of pregnant female employee
s.42Restriction on termination of female employee after eligible period
s.43Conditions contrary to Part void
s.44Register of allowances paid
s.57Termination of contract
s.57AEmployment of foreign domestic employee
s.57BDuty to inform Director General of termination of service of foreign domestic employee
s.58ANon-application of Part XII
s.59Rest day
s.60Work on rest day
s.60AHours of work and working at night
s.60BTask work
s.60CShift work
s.60DHolidays
s.60EAnnual leave
s.60FSick leave
s.60FAPaternity leave
s.60JTermination, lay-off and retirement benefits
s.60KEmployment of foreign employee
s.60KATermination of employment of foreign employee, etc
s.60MProhibition on termination of local for foreign employee
s.60NTermination of employment by reason of redundancy
s.60OPermanent resident exempted from this Part
s.60PFlexible working arrangement
s.60QApplication for flexible working arrangement
s.61Duty to keep registers
s.62Power to make regulations requiring information as to wages
s.63Duty to submit returns
s.63ADuty to give notice and other information
s.64Duty to display notice boards
s.65Powers of inspection and inquiry
s.66Inspecting officer to notify presence
s.67Powers of inspecting officers
s.68Officers to be authorized by the Director General
s.69Director General’s power to inquire into complaints
s.69ALimitation on power conferred by section 69 69b–69e
s.69FDiscrimination in employment
s.70Procedure in Director General’s inquiry
s.71Director General’s record of inquiry
s.72Joinder of several complaints in one complaint
s.73Prohibitory order by Director General to third party
s.74No fees for summons: service of summons
s.75Enforcement of Director General’s order by Sessions Court
s.76Submission by Director General to High Court on point of law
s.77Appeal against Director General’s order to High Court
s.78Employee’s remedy when employer about to abscond
s.79Powers of Director General to investigate possible offences under this Act
s.80Examination on summons by the Director General
s.81Right of employee to appear before the Director General
s.81BInquiry into complaints of sexual harassment
s.81CFindings of inquiry by employer
s.81DComplaints of sexual harassment made to the Director General
s.81EEffects of decisions of the Director General
s.81FOffence
s.81HNotice on sexual harassment
s.82Service of summons
s.83Power to make reciprocal provisions between Malaysia and Singapore for the service, execution and enforcement of summonses, warrants and orders
s.84Jurisdiction
s.85Prosecution
s.85ARight of audience
s.86Saving clause as to civil jurisdiction of courts
s.87Power of court imposing fine
s.87ACourt order for payments due to employee
s.88Effect of imprisonment
s.89Incapacity of Director General hearing inquiry
s.90Officers acting under Act deemed public servants
s.90AProtection of officers
s.90BForced labour
s.91Under Parts III and IV
s.92Under Part V
s.94Under Part IX 95–
s.97Under Part XIII
s.98Under Part XIV
s.99Under Part XV
s.99AGeneral penalty
s.100Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave
s.101Offence in connection with inquiry or inspection
s.101APower to compound offences
s.101BOffence by body corporate, etc
s.101CPresumption as to who is an employee and employer
s.102Regulations
s.103Repeal and saving First Schedule Second Schedule
s.9(Deleted by *Act 40 of 1966). Contracts to be in writing and to include provision for termination
s.17Apprenticeship contracts excluded from sections 10 to
s.30(Deleted by Act A1026)
s.44A(Deleted by Act A1651)
s.58Non-application of Part XII
Who this reaches
Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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