10 Amendments to the Employment Act 1955 You Should Know

With effective 1st Jan 2023…

1. Employment Act 1955 (EA) now covers all employees in West Malaysia & Labuan irrespective of wages. However, for employees earning monthly wages above RM4K, the overtime claims, allowance for shift-based work, termination & lay-off benefits are not applicable.

2. Flexible Working Arrangements are now provided in EA, however if an employee requests for it, employer has the right to reject within 60 days and it needs to be in writing with reasons.

3. Maximum working hours per week reduced from 48 to 45 hours.

4. Maternity leave increased from 60 to 98 consecutive days (finally!).

5. Introduction to paternity leave. It is now 7 consecutive days up to 5 confinements provided you are employed by the same company for 1 year, married to the mother in question and has informed the company no less than 30 days from expected confinement date.

6. New section to improve protection for pregnant mothers against termination.

7. Another whole new section to protect gig workers better. Cannot simply just hire contract for service just because we don’t want give EA benefits anymore.

8. It is the law now that employers shall at all times exhibit conspicuously at the workplace a notice to raise awareness on sexual harassment.

9. Employment of foreign workers require prior approval from DG opposed to just inform previously.

10. Sick leave and hospitalization leaves are now separated. The 60 days of hospitalization is now totally separate from the 14/18/22 days of sick leave entitlement.

#Top10 #EA1955 #BebelBimbo

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Ku Sim Ling, fondly known as AuntyHR™ on social media, is a seasoned HR expert with 20 years of experience in the workforce solutions industry. With half a million followers across LinkedIn, Instagram and TikTok, she's influencing the HR landscape from Malaysia.

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