Here’s What You Need To Know About The Amendments To The Employment Act 1955

The Covid-19 pandemic changed the way we worked forever. Now, many have come to a realisation that they’re work can easily be done at home (eliminating the need for commuting long hours a day), while others have seen longer hours without compensation.

Thankfully, the authorities have taken notice to this and have also taken the necessary steps towards protecting the Malaysian work force.

Under Minister of Human Resources Datuk Seri Saravanan Murugan comes the announcement of the Employment (Amendment) Act 2022 which comes into effect on January 1, 2023 (Sunday).

 

According to the MySamudera Twiiter page and AltHR, here’s what you need to know about the amendments: 

• The Employment Act 1955 now covers all employee, regardless of income level
• Flexible working arrangements
  – Employees can apply with flexible work arrangements via writing under Section 60P and 60Q, in which the employers must then reply with a decision within 60 days. Should the employer have to reject the application, they must also provide reasons.
• Working hours per week will be limited to 45 hours only
• For those earning RM4,000 a month or less, you are entitled to:
  – Overtime rates when working on rest days (section 60(3))
  – Overtime rates when working outside of working hours (section 60A(3))
  – Overtime rates when working on public holidays (section 60D(3))
  – Overtime rates for working half days on holidays (section 60D(4))
  – Allowance for shift-based work (section 60C(2A))
  – Termination, lay-off, retirement benefits (section 60J)

• Paid maternity leave has been increased from 60 days to 98 days
• Paid paternity leave of 7 days will be introduced, but there are some conditions:
  – the employee must be married to the mother of the child
  – the employee must be employed by the company for at least 12 months
  – the employee must inform the employer at least 30 days in advance
  – this is only applicable for up to 5 children per employee
• Employers cannot terminate pregnant women (or women with pregnancy-related illnesses) unless it is due to:
  – breach of contract
  – misconduct
  – closure of business
• Employers must display notices for the awareness of sexual harassment in the workplace at all times and in noticeable spots

 

What do you think of these amendments? Do feel free to share your thoughts in the comment section.

 

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