Maximum Working Hours & Rest Days: Employment Act 1955 Explained
Understanding working hour limits, overtime, and rest day requirements in Malaysia
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Employment Act 1955 limits working hours to 45 hours/week (9 hours/day for 5-day week, 8 hours for 6-day). Spread of hours max 10 hours/day. Overtime: 1.5x normal days, 2x rest days, 3x public holidays. Max overtime 104 hours/month. Minimum 1 rest day per week required.
This guide covers maximum working hours, daily limits, spread of hours rules, overtime calculations, and rest day requirements under Malaysian Employment Act 1955.
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Frequently Asked Questions
What are the maximum working hours under Employment Act 1955?
Maximum working hours: 45 hours per week (amended from 48 hours). Daily limits: 8 hours per day, or 9 hours if work is for only 5 days per week. Spread of hours (including rest) cannot exceed 10 hours in any one day.
How is the 45-hour work week calculated?
For 5-day week: 9 hours x 5 days = 45 hours. For 6-day week: typically 8 hours x 5 days + 5 hours x 1 day = 45 hours. Employers have flexibility in distribution as long as weekly total does not exceed 45 hours.
What is the spread of hours rule?
Spread of hours cannot exceed 10 hours per day, including meal breaks and rest periods. For example: if work starts at 9am, it must end by 7pm even if actual work hours are 8. Shift workers have different rules.
Are all employees entitled to rest days?
Yes, all employees covered under Employment Act 1955 are entitled to at least one rest day per week (24 consecutive hours). For continuous shift operations, rest day may be scheduled on a roster basis. Rest day need not be Sunday.
What is overtime pay in Malaysia?
Overtime rates: 1.5x hourly rate for work exceeding normal hours on normal days, 2x for work on rest days, 3x for work on public holidays. Applies to hours beyond 45/week or 8-9/day depending on schedule.
Is there a limit on overtime hours?
Yes, maximum overtime is 104 hours per month under Employment (Limitation of Overtime Work) Regulations. Director General of Labour may approve extension in specific circumstances. Employers must maintain overtime records.
Who is exempt from overtime entitlement?
Employees in managerial/supervisory positions making decisions, confidential matters, or those whose work hours cannot be determined may be exempt. However, all employees now covered under EA 1955 for basic protections.
How are shift workers' hours calculated?
Shift workers: average of 45 hours/week over a period up to 3 weeks. Individual days may exceed 8-9 hours if weekly average maintained. Must have minimum 30-minute break every 5 consecutive hours. Shift allowance common but not legally required.
What breaks are employees entitled to?
Employees must have at least 30 minutes break after every 5 consecutive hours of work. Meal breaks are typically 1 hour (unpaid). Short breaks (15-20 min) for tea/rest are common practice but employer discretion.
What records must employers maintain?
Employers must maintain: employee attendance records showing start/end times, overtime hours worked, rest days taken, and wage payment records. Keep records for at least 6 years. Digital records acceptable if accurate.