Malaysia

Working Hours

Normal Working Hours

• No more than 8 hours per day, or no more than a spread over a period of 10 hours in one day for non-continuous working hours; and no more than 45 hours per week.
• With mutual agreement between the employee and the employer, the number of working hours on one day or more days of the week is less than 8, the limit of daily working hours may be exceeded the limited on the remaining days of the week, but no employee shall be required to work for more than 9 hours in one day or 45 hours in one week.
• Shift Work

The average number of working hours of any period of 3 weeks, or over any period exceeding three weeks, upon approval by the Director-General, shall not exceed 45 hours per week.

• Task Work

<Work Regulation (Part-Time Workers) 2010> requires employers to provide part-time workers benefits similar to those provided to full-time employees, including overtime pay, annual leave and sick leave, and public holidays.

The regulation mentioned above identifies part-time employees who are working 30-70 percent of full-time working hours. Employees who work below 30 percent of full-time working hours are classified as casual workers, who are exempt from this regulation, while those who work more than 70 percent of full-time working hours are considered as full-time employees.

Rest Time

• An employee, who works more than 5 consecutive hours, is entitled to at least 30 minutes break.
• Every employee is allowed to have one rest day every week. The rest day may be non-fixed, which are determined from time-to-time by the employer. It is not applicable during the employee’s maternity leave, sick leave, or temporary disability period.

Night Work

• No employer shall require any female employee to work from 7:00 pm in the evening one day and 5:00 am in the next morning.
• No commence work for the day without having had a period of 11 consecutive hours free from such work.

Overtime

• Any hours worked in excess of standard working hours are considered overtime.
• No employer shall require any employee under any circumstances to work for more than twelve hours in any one day. The maximum number of overtime hours that an employee can be required to work is 104 hours per month.
• Overtime pay during weekdays: at least 1.5 times of normal rate
• Overtime pay during rest days and weekends：2 times of normal rate
• Overtime pay during holidays：3 times of normal rate
• A hourly or daily paid employee who works on rest days should receive the corresponding wage according to the duration of his or her work:
  
  1. ≤half of normal working hours per working day, one day’s wage of normal rate;
  2. > half of normal working hours per working day, two days’ wage of normal rate.
• A monthly paid employee who works on rest days should receive the corresponding wage according to the duration of their work:
  
  1. ≤half of normal working hours per working day, 1.5 days’ wage of normal rate;
  2. > half of normal working hours per working day, two days’ wage of normal rate.

Probationary Period

No statutory provisions, normally it is 3 months in practice. Employers also have the right to prolong the probationary period if the new staff is not up to scratch. Standard practice in Malaysia market is not exceeded 6 months.