The Employment (Amendment) Act 2022 under labour law of Malaysia has included a sequence of adjustment from the Employment Act 1955. As an employer and HR, it is essential to keep track of such regulations that will affect the company operation and workforce planning. In this article, we have summarised some of the amendments in relation to Time and Attendance and Employee Leave Management.
Employee Working Hours
| Section | Types | Description |
| 60A | Working Hours | The maximum working hours per week are reduce to 45 hours. |
| 60P & 60Q | Flexible Working Arrangements | i) Provision allows employees to submit written application to employers for flexible working arrangements.
ii) Employer has obligation to approve or reject the application with reason within 60 days from the date of request. |
In regards to the Amendment Act 2022 of reducing the maximum working hours per week to 45 hours, employers should also be mindful that the other existing provisions of working hours under Section 60A (1) of Employment Act (EA) 1955 remains.
Employee Work Scheduling
| Description |
|
Employee shall not be required under his contract of service to work: i) More than five consecutive hours without a period of leisure of not less than thirty minutes duration. ii) More than eight hours in one day. iii) In excess of a spread over period of ten hours in one day. iv) [Section 59 (1)] Employees shall be allowed in each week a rest day of one whole day. |
Public Holiday and Employee Leaves Entitlement
| Section | Description |
| 37 | Maternity Leave increase to 98 consecutive days. |
| 60D | Public Holidays of 11 days are to be listed down for employee entitlement. |
| 60F | Sick Leave are in respective to employee service year(s): i) 14 days for less than 2 years of service. ii) 18 days between 2 to 5 years of service. iii) 22 days for 5 years of service or more. Hospitalisation Leave is 60 days in total with paid sick leave regardless of the employee service period. |
| 60FA | Paternity Leave increase to 7 consecutive days. |
