The Employment Act (Amendment) 2022 came into effect on 1 January 2023, seeing some of the key amendments such as:
Pregnancy/ Maternity Leave
To follow the international labour standard, maternity leave has been increased from 60 to 98 days. When a female employee is pregnant or suffering from an illness related to her pregnancy, her employer may not terminate her employment or give her notice of termination unless there is (a) a wilful breach of a condition of the contract of service; (b) misconduct; or (c) the company is no longer in business.
Paternity Leave
The 2022 amendment will now see a provision for paid paternity leave. Eligibility for the leave will be limited to just 5 births, regardless of the number of spouses, and will begin on the day of the birth.
Flexible working arrangements
Under Section 60P and 60Q, employees can now apply in writing for flexible work arrangements from employers and employers must respond with a decision within 60 days, and in cases of rejection, reasons must be given to employees.
Change in maximum working hours
Maximum number of weekly working hours has been changed from 48 to 45 hours (excluding meal time). As explained by Deputy Human Resources Minister Datuk Awang Hashim, this will help to safeguard the welfare of workers in line with the International Labour Organisation (ILO) Convention.
Awareness for sexual harassment
Under the new section of 81H, employers are required to display a notice to educate and bring the awareness to all employees on sexual harassment in the workplace. This notice must be always displayed and must be placed in a visible location.
The Employment Act (Amendment) 2022 now provides protection to a far wider group of employees regardless of their occupation and wages in Malaysia.
Please do not hesitate to contact Avorix International should you require our advice and services on your company’s compliance with the The Employment Act (Amendment) 2022.
