Labour Law Malaysia Annual Leave Entitlement
An employee shall be entitled to a minimum number of 11 days of public holidays per year under the employment act.
Labour law malaysia annual leave entitlement. The employment act provides minimum terms and conditions mostly of monetary value to certain category of workers any employee as long as his month wages is less than rm2000 00 and. As an employee you are entitled to a certain number of paid annual leave days in addition to your rest days and paid holidays. Sixteen 16 days of annual leave for service of more than five years in a company. Scope of the employment act.
According to section 60e 1 of the employment act 1955 you are entitled to paid annual leave as stated below. The employment act 1955 is the main legislation on labour matters in malaysia. 1b where any of the said ten gazetted public holidays or any other day substituted therefor as provided in subsection 1 or 1a falls within the period during which an employee is on sick leave or annual leave to which the employee is entitled under this act or falls during the period of temporary disablement under the workmen s compensation act 1952 or under the employees social. Employment act 1955 defines employees as individuals whose monthly wages are less than rm2 000 and those who are employed in manual work such as artisans transport operators supervisors and domestic workers too are classified as employees even if their wages are above rm2 000.
Annual leave paid. Because your employment agreement is in black and white if your employer fails to abide by the law it is your right to terminate your contract of service without notice according to section 13 of the ira. Date of payment of wages. If the contract of service has been terminated by either party before an employee has taken the annual leave to which he is entitled the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave.
The annual leave shall be deemed to have not been taken in respect of the days for which sick leave or maternity leave is so granted. Employed less than 2 years. However employment act 1955 only applies to peninsular malaysia and labuan. Legal news analysis asia pacific malaysia labour employment 11 september 2016 many employees operate on the assumption that since their annual leave entitlement is spelled out in their contracts they are free to go on leave whenever they want and for any reason without having to justify it to their employers.
Summary of employment laws in malaysia employment act 1955.