Employment (Amendment) Act 2022 - Definition of an Employer

An agent, manager or factor are considered an employer, as they control or direct the manner of work of an employee.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, when a payment is made by him in return for work done for him by another person.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, where another person performs work solely for his benefit.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, where the work of another person constitutes an integral part of his business.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, where he provides tools, materials or equipment's to another person to execute work.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, where he controls or directs the hours of work of another person.

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Employment (Amendment) Act 2022 - Definition of an Employer

According to the act, a person is an employer, where he controls or directs the manner of work of another person.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee, where payment is made to him in return for work done by him at regular intervals and such payment constitutes the majority of his income.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee, where his work is performed solely for the benefit of another person.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee, where his work constitutes an integral part of another person’s business.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee, where he is provided with tools, material or/ and equipment's by another person to execute work.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee, where his hours of work are subject to the control or direction of another person.

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Employment (Amendment) Act 2022 - Definition of an Employee

According to the act, a person is an employee where his manner of work is subject to the control or direction of another person.

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Employment (Amendment) Act 2022 - Forced Labour

Any employer who threatens, deceives or forces an employee to do any activity, service or work and prevents that employee from proceeding beyond the place or area where such activity, service or work is done, commits an offence and shall, on conviction, be liable to a fine not exceeding 100,000 ringgit or to imprisonment for a term not exceeding 2 years or to both.

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Employment (Amendment) Act 2022 - Notice On Sexual Harassment

An employer shall, at all times, exhibit conspicuously at the place of employment, a notice to raise awareness on sexual harassment.

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Employment (Amendment) Act 2022 - Application For Flexible Working Arrangement

The employer shall inform the employee in writing of the employer’s approval or refusal of the application. In the case of a refusal, the employer shall state the ground of such refusal.

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Employment (Amendment) Act 2022 - Application For Flexible Working Arrangement

The employee shall make an application for flexible working arrangement in writing. Then, an employer shall within sixty days from the date such application is received, approve or refuse the application. 

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Employment (Amendment) Act 2022 - Flexible Working Arrangement

Where there is a collective agreement, any application made by the employee regarding flexible working arrangement shall be consistent with the terms and conditions in the collective agreement.

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Employment (Amendment) Act 2022 - Flexible Working Arrangement

An employee may apply to an employer for a flexible working arrangement to vary the hours of work, days of work or place of work in relation to his employment.

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Employment (Amendment) Act 2022 - Prerequisite For Paternity Leave

A married male employee also need to notify his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth to entitled him for paternity leave.

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Employment (Amendment) Act 2022 - Prerequisite For Paternity Leave

A married male employee shall be entitled to paternity leave from his employer if he has been employed by the same employer at least twelve months immediately before the commencement of such paternity leave.

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Employment (Amendment) Act 2022 - Number Of Paternity Leave

The paternity leave shall be restricted to five confinements irrespective of the number of spouses.

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Employment (Amendment) Act 2022 - Paternity Leave

A married male employee shall be entitled to a paid paternity leave at his ordinary rate of pay for a period of seven consecutive days in respect of each confinement.

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Employment (Amendment) Act 2022 - Hours Of Work For Employees

An employee shall not be required under his contract of service to work more than forty-five hours in one week.

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Employment (Amendment) Act 2022 - Termination Of Foreign Domestic Employee

If the service of a foreign domestic servant is terminated, and the employer failed to report it to Director General in 30 days, had commit an offence and shall be liable to a fine not exceeding 50,000 ringgit.

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Employment (Amendment) Act 2022 - Employment Of Foreign Domestic Employee

An employer who hire a foreign domestic employees and failed to report it to Director General in 30 days, had commit an offence and shall be liable to a fine not exceeding 50,000 ringgit.

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Employment (Amendment) Act 2022 - Burden of Proof Rest on Employer

Where the service of a pregnant employee is terminated, the burden of proving that such termination is not on the ground of her pregnancy or on the ground of illness arising out of her pregnancy, shall rest on the employer.

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Employment (Amendment) Act 2022 - Exception to Restriction on Termination of Pregnant Employee

An employer could only terminate pregnant employees’ services on the grounds of:

1. Willful breach of a condition of the contract of service
2. Major misconduct 
3. Closure of the employer’s business

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Employment (Amendment) Act 2022 - Restriction on Termination of Pregnant Employee

It is an offence for employer to terminate employees’ services or give notice of termination of service if the employees is pregnant or is suffering from an illness arising out of her pregnancy.

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Employment (Amendment) Act 2022 - Maternity Leave

Under new amendment, the eligible period of maternity leave has been increased from sixty days to ninety-eight days.

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