48
50
Total Lack of
Decent Work
60
60
40
0
20
100
80
20
100
0
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | Minimum Wages Order 2020; §2, 23, 43-47 of the National Wages Consultative Council 2011 |
| Does the law require regular payment of wages? | Yes | 1 | §2 &18-24 of the Employment Act 1955; Regulation 9 of the Employment Regulations 1957 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §60A (3) of the Employment Act 1955 (Act 265) |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §59 & 60D of the Employment Act 1955(Act 265) |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general 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 |
| 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) |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §59 of the Employment Act 1955 (Act 265) |
| 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) |
| 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) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §2, 10 & 61 of the Employment Act 1955 (Act 265) |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §11 of the Employment Act 1955 (Act 265) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | No applicable legal provisions could be located |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §122-15 and 81E of the Employment Act 1955 (Act 265) |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | Regulations 1-6 of the Employment (Termination and Lay-off Benefits) Regulations 1980 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | No applicable legal provisions could be located |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal prohibitions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §37 & 43 of the Employment Act 1955 (Act 265) |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §37-44A of the Employment Act 1955 (Act 265); Maternity Allowance Regulations 1976 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | No | 0 | §37 of the Employment Act 1955 (Act 265) |
| Does the law protect workers from dismissals during or on account of pregnancy? | No | 0 | §37(4) & 42 of the Employment Act 1955 (Act 265) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §24 of the Factories & Machinery Act 1967; §24 & 26 of the Occupational Safety & Health Act 1994 |
| Does the law require the employer 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 |
| 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) |
| Does the law provide for employment injury benefit? | Yes | 1 | Employees’ Social Security Act 1969; ISSA Country Profile for Malaysia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Minimum Retirement Age Act 2012; Employees Provident Fund (EPF) Act 1991 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §20A of the Employees’ Social Security Act 1969 |
| Does the law provide for unemployment benefit? | Yes | 1 | §16-20 & 21 of the Employees’ Social Security Act 1969 |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §60F and 15(2) of the Employment Act 1955 (Act 265) |
| Does the law provide for invalidity benefit? | Yes | 1 | §16-20 & 21 of the Employees’ Social Security Act 1969 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | §8 of the Federal Constitution of Malaysia 1957 |
| Does the law prohibit sexual harassment in employment? | No | 0 | §81A-G of the Employment Act 1955 (Act 265); §509 of the Penal Code 1936 (Act 574) |
| 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 |
| Does the law allow women to do the same jobs as men? | No | 0 | §8 of the Federal Constitution of Malaysia 1957 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Employees’ Social Security Act 1969; ISSA Country Profile for Malaysia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §1A and 2(2A) of the Children and Young Persons (Employment) Amendment Act 2019 (Act A 1586) |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §29A of the Education Act, 1992 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | Children and Young Persons (Employment) Amendment Act 2019 (Act A1586) |
| 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) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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. 2021 |
| Does the law provide for the right to strike? | No | 0 | §25A of the Trade Union Act 1959; §38-50 of the Industrial Relations Act 1967 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §46 of the Industrial Relations Act 1967 |
