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1. In Malaysia, the amendments to the existing Employment Act 1955 have been the subject of much expectation over the past few years.


To Download – Employment Act 1955 👇

2. The Employment (Amendment) Bill (“the bill”) 2021 was passed by Dewan Negara on 30 March 2022.


To Download – Employment (Amendment) Bill 2021 👇

3. The bill includes important measures that will positively impact the lives of millions of workers and families all around the country.


4. The Employment (Amendment) Act 2022 was finally gazetted into law on May 10, 2022. 2022年就业(修订)法令最终于2022年5月10日在宪报上颁布成为法律。

To Download – Employment (Amendment) Act 2022 👇

5. It was identical to the Employment (Amendment) Bill 2021 in all significant respects except a 98-day maternity leave provision.


6. The bill initially extended the amount of time a woman can take off for maternity leave to 90 days from the previous 60 days.


7. During the debate in the Parliament, the Dewan Rakyat decided to raise this to 98 days, which is in line with the International Labour Standards (ILO ––en/index.htm ).

在国会的辩论中,下议院决定将这一期限提高到98天,这也符合国际劳工标准(ILO ––en/index.htm )。

8. This would help to guarantee that working mothers have sufficient time to recover from giving birth and care for their new baby.


9. However, the Act has not yet come into force. [In force means that the Act or the secondary legislation has the force of law.]


10. The ministry in a statement said that at present, Act 265 only applied to the categories of employees specified in the First Schedule.

It involves employees earning RM2,000 and below; or

workers with no wage limits such as manual labour workers, workers involved in the operation of motor vehicles and workers who supervise manual labour workers as well as domestic workers.

人力资源部长在一份声明中说,目前,第265号法案 [也就是1955年劳工法令] 只适用于第一附表中指定的雇员,即:



11. The main amendment in the Employment (Amendment) Act 2021 is to extend the application of the Employment Act 1955 (Act 265) to all employees regardless of salary earned, says the Human Resources Ministry.

人力资源部也表示,2021年就业 (修正)法令的主要修正范围是将1955年劳工法令(第265号法)的适用范围扩大到所有的雇员,无论其工资收入如何。

12. With the implementation of this extension, all parts of Act 265 that are currently in place and deal with employee wage caps were removed; specifically, sections 44A, 69B, 69C, 69E, and 81G.


13. Therefore, according to the ministry, follow-up amendments need to be made to the First Schedule of Act 265 through an Order under the powers of the human resources minister under subsection 2(2) of Act 265 to enable all workers in the country to receive the minimum benefits and protections prescribed under Act 265.


14. The ministry also said a draft order to amend the First Schedule has been prepared.


15. At this point, all we can do is wait for the Minister of Human Resources to gazette the effective date and the amendment order to the First Schedule.


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