LRI 2022 Malaysia - CLR

Malaysia

2022 Score

48

Score Decrease

2020 Score

50

Rating

Total Lack of
Decent Work

Fair
Wages

60

Decent
Working Hours

60

Employment
Security

40

Family
Responsibilities

0

Maternity
at Work

20

Safe
Work

100

Social
Security

80

Fair
Treatment

20

Child &
Forced Labour

100

Trade
Union

0

Fair Wages

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

Decent Working Hours

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)

Employment Security

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

Family Responsibilities

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

Maternity at Work

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)

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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)

Trade Union

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