58.5
48
50
Basic Access to Decent Work
60
60
40
25
60
100
80
60
100
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | Minimum Wages Order 2020; §2, 23, 43-47 of the National Wages Consultative Council 2011 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §2 &18-24 of the Employment Act 1955; Regulation 9 of the Employment Regulations 1957 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §60A (3) of the Employment Act 1955 (Act 265) | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §59 & 60D of the Employment Act 1955(Act 265) | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §59, 60A, and 60D of the Employment Act 1955 (Act 265); Regulation 2 of Employment Regulations 1980 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §60A(3(C)) of the Employment Act 1955 (Act 265) | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §59 of the Employment Act 1955 (Act 265) | No Change |
| Does the law require paid public holidays? | Yes | 1 | §60D of the Employment Act 1955 (Act 265); §8 and 9 of the Holiday Act 1951 (Act 396) | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §14(1)(a) and 60E of the Employment Act 1955(Act 265) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §2, 10 & 61 of the Employment Act 1955 (Act 265) | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §11 of the Employment Act 1955 (Act 265) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §122-15 and 81E of the Employment Act 1955 (Act 265) | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | Regulations 1-6 of the Employment (Termination and Lay-off Benefits) Regulations 1980 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §60F of the Employment Act 1955 (Act 265); §23 of the Employment (Amendment) Act 2022 | Score improved due to a legislative reform |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §60P of the Employment Act 1955 (Act 265), amended in 2022 | No Change |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal prohibitions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §37 & 43 of the Employment Act 1955 (Act 265); §12 of the Employment (Amendment) Act 2022 | Score improved due to a legislative reform |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §37-44A of the Employment Act 1955 (Act 265); Maternity Allowance Regulations 1976 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §37 of the Employment Act 1955 (Act 265) | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §37(4), 41A & 42 of the Employment Act 1955 (Act 265); §13 of the Employment (Amendment) Act 2022 | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §24 of the Factories & Machinery Act 1967; §24 & 26 of the Occupational Safety & Health Act 1994 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §26 of the Factories & Machinery Act 1967; §15 of the Occupational Safety & Health Act 1994 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §37 & 43 of the Employment Act 1955 (Act 265) | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Employees’ Social Security Act 1969; ISSA Country Profile for Malaysia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Minimum Retirement Age Act 2012; Employees Provident Fund (EPF) Act 1991 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §20A of the Employees’ Social Security Act 1969 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §16-20 & 21 of the Employees’ Social Security Act 1969 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §60F and 15(2) of the Employment Act 1955 (Act 265) | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §16-20 & 21 of the Employees’ Social Security Act 1969 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §8 of the Federal Constitution of Malaysia 1957 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §81A-H of the Employment Act 1955 (Act 265); §509 of the Penal Code 1936 (Act 574); §20 of the Anti-Sexual Harassment Act, 2022 | Score improved due to a legislative reform |
| Does the law prohibit discrimination in employment matters? | No | 0 | §8 of the Federal Constitution of Malaysia 1957; §60(L)(1) of the Employment Act 1955 | Score improved due to a legislative reform |
| Does the law allow women to do the same job as men? | Yes | 1 | §8 of the Federal Constitution of Malaysia 1957; §34-36 of the Employment Act 1955, deleted by Act A1651 in 2022 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Employees’ Social Security Act 1969; ISSA Country Profile for Malaysia | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §1A and 2(2A) of the Children and Young Persons (Employment) Amendment Act 2019 (Act A 1586) | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §29A of the Education Act, 1992 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Children and Young Persons (Employment) Amendment Act 2019 (Act A1586) | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §6 of the Federal Constitution of Malaysia 1957; Section 374 of the Penal Code 1936 (Act 574); §90B of the Employment Act 1955 (Act 265) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §10 of the Federal Constitution of Malaysia 1957; §27 of Trade Union Act 1959; Industrial Relations Act 1967 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §9 & 13-17 of the Industrial Relations Act 1967; CEACR C98 Obs. 2022; ITUC Global Rights Index 2024 (Malaysia Profile) | No Change |
| Does the law provide the right to strike? | No | 0 | §25A of the Trade Union Act 1959; §38-50 of the Industrial Relations Act 1967; CEACR C98 Obs. 2022 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §46 of the Industrial Relations Act 1967; ITUC Global Rights Index 2024 (Malaysia Profile) | No Change |