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What Rights do Part-Time Employees have, under the Sabah Labour Ordinance.

Updated: May 16, 2023

Many people aren't aware that part-time employees also have rights under the law, even though they work less than full-time.

The Employment Act, the Sabah Labor Ordinance, and the Sarawak Labor Ordinance each have their own rules and regulations protecting part-time workers' rights in their respective jurisdictions.

Within the context of the Sabah Labor Ordinance, the rights of part-time employees are the primary topic of discussion within this article.




The following set of laws are in place in Malaysia to protect the rights of part-time employees:

  • Employment (Part-time Employees) Regulations 2010 [Employment Act 1955]

  • Labour (Part-Time Employees) (Sarawak) Rules 2013 [Sarawak Labor Ordinance]

  • Labour (Part-Time Employees) (Sabah) Rules 2013 [Sabah Labor Ordinance]


  • 2010年劳工法令(兼职雇员)条例 [1955年劳工法令]。

  • 2013年劳工(兼职雇员)(砂拉越)规则 [砂拉越劳工条例]。

  • 2013年劳工(兼职雇员)(沙巴)规则 [沙巴劳工条例]。

Part-Time Employees in Sabah

This article is limited to discussing the rights of part-time employees about the Labour (Part-Time Employees) (Sabah) Rules 2013 codified under the Sabah Labor Ordinance.

Please refer to the appropriate Rules and Regulations if you are an employee in Sarawak, the Federal Territory, or Peninsular Malaysia.




In Malaysia, "employees" can be divided into two categories according to their working hours:-

  • Employee Working Full-Time

  • Non-Full-Time Employees



  • 全职工作的雇员

  • 非全职工作的雇员

Non-Full-Time Employees,

Comprised of:

  • Casual Employees,

  • Employees Working from Home, and

  • Part-Time Employees



  • 临时雇员;

  • 在家工作的员工;以及

  • 兼职员工。

Non Application

These Regulations/Rules shall not apply to the following non-full-time employees:-

  • who is employed sporadically or irregularly, as needed, and whose working hours in one week do not exceed 30% of the average hours of work for a full-time employee in one week; and

  • who, regardless of occupation, performs work for an employer in the employee's home (who is also known as a Home Working Employee).



  • 根据需要,零星或不定期地被雇用,且一周的工作时间不超过全职雇员一周平均工作时间的30%;以及

  • 无论什么职业,在本身家中为雇主工作的雇员(也被称为在家工作的雇员)。

Who are the Part-Time Employees to whom the Ordinance applies?

Part-time employees who are covered are those whose Normal Working Hours are between 30% and 70% of those of full-time employees.

For instance, if the normal workweek for a full-time employee is 48 hours, a part-time employee's workweek is between 14.4 (48 hours * 30%) hours and 33.6 (48 hours * 70%) hours.

It is crucial to evaluate the normal Working hours compared to those of full-time employees working in a similar capacity in the same enterprise.





The following is an illustration of one method for determining the working hours of a part-time employee:


According to the criteria given in Rule 2 of the Labour (Part-Time Employees) (Sabah) Rules 2013, an employee in the banquet:

  • whose working time per week is less than 14.4 hours is not regarded to be a part-time employee.

  • Employees who work more than 33.6 hours in a week are eligible to be classified as full-time workers.


  • 如果每周工作时间少于14.4小时的,将不被视为兼职员工;

  • 如果每周工作时间超过33.6小时,就有资格被列为全职员工。

Normal Hours of Work of Part-Time Employee where Normal Hours of Work of Full-Time Employee cannot be Ascertained

When it is not possible to determine the normal working hours of a full-time employee, or there is no full-time employee employed in a similar capacity in the same organization in a comparable role, the normal working hours of a full-time employee shall be deemed to be:

– 8 hours in 1 day or 48 hours in 1 week.



- 1天8小时或1周48小时。

The part-time employee has the right to the following benefits and protections following the three pieces mentioned earlier of legislation:

  • Annual Leave

  • Rest Day

  • Public Holidays

  • Sick Leave

  • Overtime pay



  • 年假

  • 休息日

  • 公共假期

  • 病假

  • 加班费

Annual Leave

For every twelve months of continuous service with the same employer, the part-time employee is entitled to paid annual leave as follows:



If a part-time employee's contract of service expires before 12 months of continuous service with the same employer, then the employee's entitlement to paid annual leave must be calculated pro-rata (pro-rated), and it must be based on the Ordinary Rate of Pay ("ORP").

On the other hand, if his contract of service is terminated due to his misbehaviour, then any unused paid annual leave balances will be lost.



Rest Day

A part-time employee shall be entitled to a rest day each week if he works 5 days or more with total working hours of not less than 20 hours a week.

If a part-time employee is required by his employer to work at his normal hours of work on a rest day, he shall be paid not less than 2 days’ wages at the Ordinary Rate of Pay ("ORP") he is entitled to for that day.

If a part-time employee is required to work beyond his normal hours of work on a rest day, he shall be paid for such extra work at the following rates:

  • exceeding his normal working hours - 1.5 * HRP; and

  • exceeding normal working hours of a full-time employee - 2 * HRP.





  • 超过其正常工作时间 - 1.5 * HRP;以及

  • 超过全职雇员的正常工作时间 - 2 * HRP

Public Holidays

According to Rule 5, every part-time employee in Sabah is also entitled to take paid public holidays at the ordinary rate of pay as follows:

a) not less than 10 gazetted public holidays, 4 of which shall be:

  • the National Day

  • the Birthday of the Yang di-Pertuan Agong

  • the Birthday of the Yang di-Pertua Negeri of Sabah

  • the Worker’s Day

b) any day declared as a public holiday under S.3 of the Sabah Holidays Ordinance.

Suppose one of these public holidays falls on a rest day. In that case, the following regular workday immediately following the rest day will be a paid holiday in the place of the public holiday.

Before the beginning of the new year, it is the responsibility of the employer to prominently display in a location that is easily accessible to the employee a notice of the remaining days of any public holidays that the employer recognises. The remaining portion of this paid public holiday can be substituted for another day at any time with everyone's consent.

In the event that a part-time employee is required to perform duties on a public holiday, he is eligible to receive the following additional pay:

if working during normal hours - 2 * ORP;

if it exceeds its normal working hours - 2 * HRP;

if it exceeds the normal working hours of a full-time employee - 3 * HRP.



a) 不少于10个宪报公布的公共假日,其中4个必须是:

  • 国庆日

  • 最高元首华诞

  • 沙巴州州首长诞辰

  • 劳动节

b) 任何根据《沙巴州假期条例》第3条宣布的公共假期。




  • 如果在正常时间内工作 - 2 * ORP

  • 如果超过其正常工作时间 -2 * HRP

  • 如果超过了全职雇员的正常工作时间 -3 * HRP

Sick Leave

Part-time employees are entitled to the following paid sick leave according to Rule 7 for every 12 months of continuous service:-


根据第7条规则,兼职员工每连续服务满 12 个月,有权享有以下带薪病假:-

Generally, paid sick leave at the employee's Ordinary Pay Rate is something a part-time employee is entitled to get.

But, a part-time employee is not eligible for paid sick leave on the days when they are not scheduled to work.

Regarding hospitalisation leave, the Rules provide no information whatsoever.




Overtime pay

It is possible for a part-time employee to be required to work extra hours (overtime or OT) during a regular workday, or they may be instructed to work extra hours on a holiday or rest day. The three common situations are:-

  • Working during his normal working hours (NWH)

  • Overtime over his normal working hours, or

  • Overtime over a full-time employee's normal working hours.

In light of the information presented above, Rule 4 stipulates that part-time employees are eligible to receive the following payments:



  • 在他的正常工作时间内工作(NWH)。

  • 超过其正常工作时间的加班,或

  • 超过全职雇员的正常工作时间的加班。



If there is anything in this article you have not grasped and feel you need clarification on, you should consider enrolling in our online employment law course to be held on 25 & 26 June 2022.



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1. 产假增加至98天

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📌日期 : 25-26/6/2022 (六&日)

📌地点 : Online (Zoom)

📌时间 : 9.30am - 5.30pm

📌学费(HRDF Claimable) :


Day 1 – 25th June 2022

1. Application of the Employment Act 1955 (EA1955) vs Sabah Ordinance vs Sabah

2. Contract of Service

3. Administration of wages

  • Definition of Wages

  • Ordinary Rate of Pay

  • Payment and Wages

  • Lawful Deductions

  • Overtime Calculation

  • Unpaid Leave Calculation

  • Incomplete Month Wages Calculation

  • Advances

4. Maternity Protection

  • Maternity Leave

  • Maternity Allowance

  • Maternity Rights

5. Hours of Work

6. Rest Day

7. Public Holidays

8. Annual Leave

9. Sick Leave

10. Part-Time Employees

Bonus Topic

11. Updates on newly gazetted Employment (Amendment) Act

Day 2 – 26th June 2022

1. Minor Misconduct vs Major Misconduct

2. Termination procedures on misconduct

3. Types of Termination

  • Dismissal

  • Resignation

  • Retrenchment

  • Mutual Separation Scheme

  • Voluntarily Separation Scheme

  • Retirement

  • Non-Confirmation

  • Termination for Poor Performance

  • Constructive Dismissal

  • Frustration of Contract

  • Deemed to have broken the Contract

4. Disciplinary Process

5. Probationary Rights and Obligations

6. Code of Conduct for Industrial Harmony

7. Retrenchment Procedures

8. Retrenchment benefits / Termination benefits

9. Compliance with Form PK

10. Implication of incorrect termination and retrenchment procedures.

Important Note:

  1. The Seminar will be conducted via Zoom. The replay session will be posted on FB Private Group. We will add you to a WhatsApp Group and all information will be posted on the WhatsApp Group.

  2. Please insert your company as Participant if you want the invoice to issue under your company's name.

  3. Please remember to download your invoice upon payment made.

  4. The Course fee is non-refundable.

  5. Please WhatsApp to +60 11-1229 0453 if you need further clarification.

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