Updated: Apr 12
A series of explanations of the Amendments to the Employment Act 1955 was previously posted:-
I had also mentioned that in addition to the enactment of the statutory effective date, we were also waiting for the revisions to the First Schedule of the Employment Act of 1955 to be gazetted.
They were both gazetted at the same time today, which means that the Employment Act 1955 will begin to provide its benefits to salaried employees of all classes commencing on September 1, 2022, regardless of the amount of salary they earn or the type of work they engage. These benefits include:
98 days of maternity leave - s 37
60 days' Hospitalisation Leave + Sick Leave as per s 60F(1) [Total 74 - 82 days] - s 60F
45 working hours per week - s 60A
11 gazetted public holidays - s 60D
7 days of paternity leave - s 60FA
Lodge complaints to the Labour Office
Sexual harassment - s 81B
Forced Labour - s 90B
Discrimination in Employment - s 69F
Limitation on Advances - s 22
Flexible Working Arrangement - s 60P
It is important to note that the list above is not exhaustive.
60天的住院假 + 根据第60F(1)条规定的病假 [总共 74 - 82天]
However, the First Schedule of the Employment Act of 1955 contains a minor detail that should be brought to your attention. That detail is the fact that certain benefits are unavailable to salaried individuals who earn more than RM4,000 per month.
This is the list of EA provisions which will not apply to employees earning more than RM4,000/month:
Subsection 60(3): Overtime for work on rest days.
Subsection 60A(3): Overtime for work outside normal working hours.
Subsection 60C(2A): Shift work allowance.
Subsection 60D(3): Overtime and allowance for work on public holidays.
Subsection 60D(4): Holiday falls on a half working day; the ordinary rate or pay payable shall be that of a full working day.
Subsection 60J: Termination, lay-off, and retirement benefits.
- 第60(3)条 - 休息日的加班费
- 第60A(3)条 - 正常工作时间以外的加班
- 第60C(2A)条 - 轮班工作津贴
- 第60D(3)条 - 公共假期的加班和津贴
- 第60D(4)条 - 假日落在半个工作天，按一天普通工资支付
- 第60J条 - 终止、解散和退休福利。
Employment (Amendment) Act 2021 | 2022年就业（修订）法令
Employment (Amendment of First Schedule) Order 2022 | 2022年就业（第一附表修订）指令
It must be noted here that Employment Act 1955 applies only to West Malaysia and Federal Territories, including Labuan.
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