By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Navigating Employment Law Malaysia: Your Guide to Employee Rights and Employer Obligations
Understanding employment law in Malaysia is crucial for both employers and employees. The foundation of this legal framework is the Malaysian Employment Act 1955, designed to protect employee rights and regulate employer obligations. This article delves into key aspects of labour law in Malaysia, addressing frequently asked questions like “what are my rights if I am fired in Malaysia?” and “what is the Malaysian employment act?”
Understanding the Malaysian Employment Act: Core Principles
The Malaysian Employment Act outlines the fundamental rights and responsibilities of parties within an employment relationship. It applies to most employees in Malaysia, with certain provisions exempting those earning above RM 4,000. For comprehensive legal advice, consider consulting an employment lawyer in Malaysia.
Key Labour Regulations and Requirements: Protecting Employee Rights Malaysia
Working Hours and Overtime:
The Act stipulates a maximum of 45 working hours per week, with at least one rest day.
Overtime pay Malaysia is mandated for work exceeding normal hours, with varying rates for normal days, rest days, and public holidays.
Leave Entitlements and Benefits:
Annual leave Malaysia varies based on years of service.
Sick leave Malaysia is provided upon medical certification.
Public holidays are mandated.
Maternity leave Malaysia offers 98 days for female employees.
Paternity leave provides 7 days for male employees.
Wages:
The national minimum wage is set under the Minimum Wages Order 2020.
Timely salary payments are essential to avoid salary disputes Malaysia.
Termination:
Termination of employment Malaysia requires proper notice, varying with years of service.
Employers must have valid reasons for termination to avoid claims of unfair dismissal in Malaysia or wrongful dismissal in Malaysia.
If a termination is unfair, an employee may file a claim with the Industrial Court.
Retrenchment law in Malaysia covers redundancies.
Statutory Benefits:
Employers must contribute to the Employee Provident Fund (EPF), Social Security (SOCSO), and the Employment Insurance Scheme (EIS).
Compliance with the Occupational Safety and Health Act 1994 is mandatory.
Employment Contracts:
A written employment contract Malaysia is required for employment exceeding one month.
Contracts should include details on job description, working hours, wages, benefits, and termination procedures.
Addressing Workplace Issues: Discrimination, Harassment, and Disputes
Workplace harassment Malaysia and discrimination at work Malaysia are illegal.
Industrial relations Malaysia focuses on resolving disputes between employers and employees.
When disputes arise, the Labour Department of Malaysia, the Industrial Court, and Malaysian courts are available for resolution.
Finding Legal Assistance: Employment Lawyer Near Me Malaysia
If you face employment-related issues, seeking guidance from an employment law firm in Kuala Lumpur or an employment lawyer near me Malaysia is recommended. They can provide expert advice on your employee rights in Malaysia and represent you in legal proceedings.
Resolving Disputes and Seeking Legal Recourse
When facing issues like unfair dismissal, salary disputes, or workplace harassment, it is important to know your rights. Legal representation can be essential in navigating these complexities.
Frequently Asked Questions
What is the basic employment law in Malaysia?
The Employment Act 1955 outlines fundamental rights and responsibilities.
What is the notice period for resignation in Malaysia?
It varies based on years of service and the employment contract.
Can an employer hold salary in Malaysia?
Generally, no, except for specific legal deductions.
By understanding employment law in Malaysia, both employers and employees can foster a fair and productive working environment.
Lui & Bhullar: Your Employment Law Experts
Lui & Bhullar is a premier employment law firm Kuala Lumpur, specializing in:
Labour law Malaysia compliance for employers.
Employment contract lawyer Malaysia services for drafting and reviewing contracts.
Industrial relations lawyer Malaysia assistance for workplace disputes.
Wrongful termination lawyer Malaysia services for unfair dismissal claims.
Workplace discrimination lawyer Malaysia cases, ensuring fair treatment in the workplace.
Employment lawyers near me search solutions for quick access to expert legal support.
For expert employment law advice in Malaysia, contact Lui & Bhullar today to safeguard your workplace rights.
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