Working hours, overtime and rest days

Your hours

Except where the Act provides otherwise, your contract cannot require you to work:

• more than 5 consecutive hours without a break of at least 30 minutes
• more than 8 hours in one day
• beyond a spread-over period of 10 hours in one day
• more than 45 hours in one week

Employment Act s 60A(1)

"Hours of work" means the time during which you are at your employer's disposal and not free to dispose of your own time and movements.

Employment Act s 60A(9)

Your employer cannot require you to work more than 12 hours in any one day, except for an accident, actual or threatened, at or affecting your place of work, work essential to the life of the community, work essential for the defence or security of Malaysia, urgent work on machinery or plant, or an interruption of work that was impossible to foresee.

Employment Act s 60A(7)

If you do shift work, you can be required to work more than 8 hours in one day or more than 45 hours in one week, but the average over any 3 weeks, or a longer period the Director General approves, cannot be more than 45 hours a week. The limit of 5 consecutive hours without a break still applies.

Employment Act s 60C(1)

Overtime

Overtime means the hours you work beyond your normal hours of work per day. If you work after the 10-hour spread-over period ends, the whole time from then until you stop work for the day counts as overtime.

Employment Act s 60A(3)(b)

Your normal hours of work are the usual daily hours agreed in your contract, and they cannot be longer than the limits above.

Employment Act s 60A(3)(c)

Your employer cannot require or permit you to work more overtime than the limit the Minister sets by regulations, unless the Director General has permitted it on an application in writing.

Employment Act s 60A(4)(a)

Rest days

You are allowed one whole rest day in each week, which your employer decides. This does not apply while you are on maternity leave or sick leave, or during temporary disablement under the Workmen's Compensation Act or the Employees' Social Security Act.

Employment Act s 59(1)

Your employer must prepare a roster before the start of each month showing your rest days. If everyone at the workplace has the same rest day each week, a notice in a conspicuous place at the workplace can be used instead.

Employment Act s 59(2)

You cannot be compelled to work on a rest day unless your work has to be carried on continuously or continually by two or more shifts, or in the cases listed in section 60A(2).

Employment Act s 60(1)

Pay for working on a rest day

If you are paid monthly or weekly and work on a rest day, you get half a day's wages for up to half your normal hours, and one day's wages for more than half and up to your normal hours.

Employment Act s 60(3)(b)

If you are paid daily or hourly, you get one day's wages for up to half your normal hours, and two days' wages for more than half and up to your normal hours.

Employment Act s 60(3)(a)

If you are paid monthly, weekly, daily or hourly, any work beyond your normal hours on a rest day is paid at no less than twice your hourly rate of pay. If you are paid by the piece, you get twice your ordinary rate per piece for work on a rest day.

Employment Act s 60(3)(c), (d)

Public holidays

You are entitled to a paid holiday at your ordinary rate of pay on 11 gazetted public holidays in any one calendar year. Five of them are National Day, the Birthday of the Yang di-Pertuan Agong, the Birthday of the Ruler or Yang di-Pertua Negeri of the state where you mainly work (or Federal Territory Day in a Federal Territory), Workers' Day and Malaysia Day.

Employment Act s 60D(1)(a)

Your employer must display a notice at the workplace before each calendar year starts naming the other 6.

Employment Act s 60D(1A)

If a public holiday falls on a rest day or on another public holiday, the next working day is a paid holiday instead.

Employment Act s 60D(1)

If you are paid monthly, weekly, daily or hourly and your employer requires you to work on a paid holiday, you get two days' wages at the ordinary rate on top of your holiday pay for that day.

Employment Act s 60D(3)(a)

If you are paid monthly, weekly, daily or hourly, overtime on a paid public holiday is paid at no less than three times your hourly rate of pay.

Employment Act s 60D(3)(aa)