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The Employment Act 1955 serves as the main guide to all issues of employment, including wages and hours, in Pulau Pinang and the rest of Malaysia. This law, enforced by the Ministry of Human Resources, stipulates the rights and responsibilities of employers and employees. It covers details about salary, overtime, work on rest days and public holidays, termination, and other conditions of employment. Please note that these laws apply to Peninsular Malaysia, including Pulau Pinang.
You may need the services of a lawyer in case you experience wage and/or hour disputes, like not getting paid for overtime, being denied minimum wage, or working beyond the maximum allowed hours without proper compensation. Also, a lawyer can assist if you are being terminated unfairly or experience rights infringement at your workplace. Legal aid can guide you through the complexity of labor laws, protect your rights, and help you get the compensation you deserve.
The local law stipulates that the maximum work hours cannot exceed 48 per week, except under special circumstances described in the law. Employees are entitled to one rest day every week. If an employee is required to work over their stipulated hours, they must be compensated with overtime pay. Workers earning less than RM2000 per month or those conducting manual labor have additional protections under the Minimum Wages Order.
According to the Employment Act, the overtime rate should not be less than one and a half times the hourly standard wage rate.
The current minimum wage per the 2020 order is RM1,200 per month in major cities within Malaysia, including Pulau Pinang.
The law stipulates a maximum of 48 hours per week, spread over not more than 6 days.
The Act covers all employees in Peninsular Malaysia except for those in managerial, executive, or confidential positions.
Employers found violating these laws face fines, jail time, or both depending on the severity of the violation.
You may visit the Ministry of Human Resources, the Malaysian Labour Department, or the National Union of Bank Employees official websites for more information. Local non-governmental organizations also provide resources to understand worker rights and labor laws in Peninsular Malaysia.
If you feel your rights have been violated under the Employment Act, you should first gather all the pertinent evidence such as payslips, contracts, and any correspondence. The next step would be contacting a legal professional specializing in employment law. Legal aid clinics may also help provide advice on your rights and possible legal action. Remember, it is important to act in a timely fashion to preserve your rights.
