Employment Act 1955 · Updated to 1 Aug 2023 · Part XI · Domestic Employees
57. Termination of contract
Feedback & supportSubject to any express provision to the contrary contained therein, a contract to employ and to serve as a domestic employee may be terminated either by the person employing the domestic employee or by the domestic employee giving the other party fourteen days’ notice of his intention to terminate the contract, or by the paying of an indemnity equivalent to the wages which the domestic employee would have earned in fourteen days:
domestic employee
“domestic employee” means a person employed in connection with the work of a private dwelling-house and not in connection with any trade, business, or profession carried on by the employer in such dwelling-house and includes a cook, house-servant, butler, child’s nurse, valet, footman, gardener, washerman or washerwoman, watchman, groom and driver or cleaner of any vehicle licensed for private use;
Provided that any such contract may be terminated by either party without notice and without the paying of an indemnity on the ground of conduct by the other party inconsistent with the terms and conditions of the contract.
Employment of foreign domestic employee 57a. (1) An employer who employs a foreign domestic employee shall, within thirty days of the employment, inform the Director
foreign domestic employee
“foreign domestic employee” means a domestic employee who is not a citizen or a permanent resident;
General of such employment in a manner as may be determined by the Director General.
Director General
“Director General” means the Director General of Labour appointed under subsection 3(1);
An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding
employer
“employer” means any person who has entered into a contract of service to employ any other person as an employee and includes the agent, manager or factor of such first mentioned person, and the word “employ”, with its grammatical variations and cognate expressions, shall be construed accordingly;
*fifty thousand ringgit.
Duty to inform Director General of termination of service of foreign domestic employee 57b. (1) If the service of a foreign domestic employee is terminated—
by the employer;
by the foreign domestic employee;
*NOTE—Previously “ten thousand ringgit”—see paragraph 18(b) of the Employment (Amendment)
Act 2022 [Act A1651].
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upon the expiry of the employment pass issued by the
Immigration Department of Malaysia to the foreign domestic employee; or
by the repatriation or deportation of the foreign domestic employee, the employer shall, within thirty days of the termination of service, inform the Director General of the termination in a manner as may be determined by the Director General.
For the purpose of paragraph (1)(b), the termination of service by a foreign domestic employee includes the act of the foreign domestic employee absconding from his place of employment.
place of employment
“place of employment” means any place where work is carried on for an employer by an employee;
An employer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding
*fifty thousand ringgit.