Malaysian Labour Law Annual Leave Entitlement

An employee is entitled to 12 days of annual leave.

Malaysian labour law annual leave entitlement. The employment act 1955 is the main legislation on labour matters in malaysia. 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. 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. Scope of the employment act.

Date of payment of wages. Summary of employment laws in malaysia employment act 1955. The number of pro rated annual leave is 3 days. The employment practices in the east malaysian states of sabah and sarawak are governed by their respective labour ordinance.

Annual leave paid. 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. Sixteen 16 days of annual leave for service of more than five years in a company. The employee takes 1 day unpaid leave per month from january to april i e.

I have been employed for less than a year am i entitled to sick leave annual leave and maternity leave under the employment act. However employment act 1955 only applies to peninsular malaysia and labuan. Free web labour laws malaysian labour laws. As an employee you are entitled to a certain number of paid annual leave days in addition to your rest days and paid holidays.

As mentioned above the leave entitlements shall be determined according to the years of services and it shall be granted in a pro rated basis. 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. An employee including a probationer is not entitled to take annual leave during the first year of his service however if the employee resigns or being terminated not confirmed prior to the end of the first year of service the employee is entitled to utilise or be paid in lieu of annual leave which shall be in direct proportion to the number of completed months of service. Not less than 8 days per year.

Note that this article only focuses on the employment laws for peninsular malaysia and labuan. According to section 60e 1 of the employment act 1955 you are entitled to paid annual leave as stated below. The employee s pro rated annual leave entitlement from 1 january to 30 april will be based on 3 completed months of service.