Employment Law 劳动法

Employment Law 劳动法


Employment law encompasses the legal framework governing the relationship between employers and employees. It covers a wide range of issues, including hiring, working conditions, wages, benefits, discrimination, termination, and workplace safety. The primary objective of employment law is to ensure fair treatment and protection for both employers and employees.




Key Extracts from Employment Law 劳动法主要摘录

1.  Annual Leave (年假)

Employees are entitled to paid annual leave. In Malaysia, the minimum annual leave entitlement for employees in 2024 is based on their length of service:

        • Less than 2 years: 8 days for each year of service
        • 2–5 years: 12 days for each year of service
        • More than 5 years: 16 days for each year of service


        • 服务不满2年, 每年8天
        • 2⾄5年:每年12天
        • 超过5年:每年16天

2.  Paternity Leave(陪产假)

The The Malaysian Employment Act 1955 (EA) imposes restrictions on employers, prohibiting the compulsion of employees to utilize annual leave for paternity reasons


3. Sick Leave(病假)

Employees are entitled to paid sick leave, capped at 60 days annually. Employees should provide evidence such as medical certificate.



Employment Law Related Case (劳动法实例)

Kesatuan Pekerja-Pekerja Lombong Emas Pahang v Specific Resources Sdn Bhd [2020] 1 ILJ 9

The dispute revolved around allegations made by the union against the Company regarding its non-compliance with Article 23 and Article 24 of the first collective agreement spanning from April 1, 2018, to March 31, 2021. Article 23 addressed the standard working hours, while Article 24 concerned overtime hours for the company’s employees. The union argued that the Company had failed to compensate its employees, particularly union members, for four hours of overtime work as stipulated in the collective agreement, instead paying them for only three hours. This discrepancy was deemed a violation of the agreement and the Company’s previous practices before March 16, 2018. The union contended that the Company’s actions were unilateral and against the employees’ interests. In response, the Company asserted that it had not breached the collective agreement and had adjusted its overtime payment practices in accordance with Article 23 and Article 24, effective from March 16, 2018. Despite the Company’s defense, the court ruled in favor of the union, ordering the Company to adhere to the collective agreement and compensate union members for four hours of overtime work from March 16, 2018, onwards.




Compiled by: Ngu Ley Hau

Supervised by: George Ngui