Part Time Workers Under Employment Law in Malaysia

In Malaysia, part time workers are entitled to specific legal rights under the Employment Act 1955, which provides certain protections and benefits. Here are some key legal rights for part-time workers in Malaysia:

Legal Rights for Part-Time Workers in Malaysia

1. Pro-Rated Benefits:

• Part-time employees are entitled to benefits on a pro-rata basis, which means benefits are calculated based on the number of hours worked compared to a full-time employee.

2. Wages:

• Part-time workers should receive wages according to the hours they work. The minimum wage laws apply to part-time workers as well.

3. Working Hours:

• There are regulations on the maximum number of working hours per day and per week. Part-time workers cannot be required to work beyond these limits unless they are compensated for overtime.
• Per Day: Part-time employees can work up to 8 hours per day, but they often work fewer hours.
• Per Week: Part-time employees work less than 30-35 hours per week, depending on the employer’s definition.

4. Overtime Pay:

• Part-time employees are entitled to overtime pay if they work beyond their normal hours, similar to full-time employees. The rate is typically 1.5 times the regular hourly wage.

5. Rest Days:

• Part-time workers are entitled to rest days, which are typically one day per week. If they work on their rest day, they are entitled to additional pay.

6. Public Holidays:

• Part-time workers are entitled to public holidays. If required to work on a public holiday, they should be compensated with a holiday pay rate.

7. Annual Leave:

• Part-time employees are entitled to annual leave on a pro-rata basis, calculated based on their service period and the number of hours worked.

8. Sick Leave:

• Part-time workers are entitled to sick leave, which is also pro-rated based on the number of hours worked.

9. Maternity Leave:

• Female part-time workers are entitled to maternity leave, similar to full-time employees, provided they meet the eligibility criteria under the Employment Act.

10. Termination and Notice Period:

• Part-time employees are entitled to notice of termination or payment instead of notice, similar to full-time employees. The notice period is typically based on the length of service.

11. EPF and SOCSO Contributions:

• Employers are required to make contributions to the Employees Provident Fund (EPF) and the Social Security Organization (SOCSO) for part-time workers, similar to full-time employees.

Relevant Sections of the Employment Act 1955:

• Section 60A: Regulation of working hours, breaks, and rest days.
• Section 60C: Provisions for overtime work and compensation.
• Section 60D: Entitlement to public holidays and holiday pay.
• Section 60E: Annual leave entitlement.
• Section 60F: Sick leave entitlement.
• Section 37: Maternity leave provisions.

These provisions ensure that part-time workers in Malaysia are protected and receive fair treatment similar to full-time employees. Both employers and part-time employees need to be aware of these rights and comply with the regulations outlined in the Employment Act.

Consider applying for a part-time job at Ricebowl! We offer part-time job listings that can work around your school or other commitments, and the restaurant industry is a great place to develop valuable skills like teamwork and communication. 

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