Nursyafikha Kamarrudin
In today’s working landscape, not everyone fits neatly into the traditional “9-to-5, five days a week” model. In Malaysia, the employment law has evolved to accommodate alternative working arrangements, including part-time employment. This development is formally reflected in the legal framework under the Employment Act 1955 and the Part-Time Employees Regulations, which set out the minimum standards and protections afforded to part-time workers.
Against this legal backdrop, it becomes important to understand how far these protections extend and what rights are guaranteed to part-time employees in Malaysia.
Unlike full-time employees, part-time employees generally work fewer hours, with their wages and benefits calculated on a pro-rated basis based on their level of service. As defined by the Employment Act 1955, a part-time employee is an employee who works on a contractual basis for more than 30% but not more than 70% of the normal weekly working hours of a full-time employee in a similar role.[1] This type of employment is usually favoured by those who want flexible time, making it particularly suitable for students, caregivers, or those with other personal commitments.
Nevertheless, despite the increase in part-time employees across various companies, there remains a significant gap in awareness regarding the legal and practical protections afforded to part-time employees. Many employees or even employers were still unclear about the fundamental rights and protections that part-time employees are legally entitled to, and to what extent employers are obligated to ensure compliance with these standards?
Against this background, this article seeks to discuss the key entitlements of part-time employees in Malaysia and how they are protected under the law, further, to ensure that the employers know their obligations and comply with them.
Minimum Wages for Part-time Employees
In line with the Amendment of the Minimum Wages Order 2024, the minimum wage for employees, including part-time workers, was set at RM1,700 per month effective 1 August 2025.[2] Under Section 2 of the Minimum Wages Order 2025, only domestic servants are excluded from its application.[3] Therefore, all other categories of employees, including part-time employees, fall within the scope of the Order and are entitled to the prescribed minimum wage.
However, it must be noted that the minimum wage is also to be prorated based on the hourly rate. Section 4 of the Minimum Wages Order provides a diagram to illustrate the prorated minimum wage rates payable to an employee, which is as follows:
| Minimum wages rate | ||
| Monthly | Daily | Hourly |
| RM1,700 | Number of working days in a week | RM8.72 |
| 6 | 5 | 4 |
| RM65.38 | RM78.46 | RM98.08 |
Figure 1
If an
employer fails to comply with the minimum wage requirements, the law takes it seriously and imposes strict consequences.
Under Section 43 of the National Wages Consultative Council Act 2011, an employer who does not pay the basic wages as prescribed in the Minimum Wages Order may be fined up to RM10,000 for each affected employee. This means the penalty increases with the number of underpaid workers.[4]
The consequences do not stop there. If the offence continues even after a conviction, Section 46 provides for an additional penalty of RM1,000 for every day the breach continues.
This creates a strong incentive for employers to correct the violation immediately.[5]
For repeat offenders, the law becomes even stricter. Under Section 47, an employer who commits the offence again may face a fine of up to RM20,000, imprisonment for up to five years, or both. This reflects the seriousness of repeated non-compliance with minimum wage obligations.[6]
Paid Public Holiday
This is the most crucial entitlement that always sparks confusion among the employer in which types of paid public holiday that was entitled for part-time employees. Part-time employees are entitled to at least seven days of paid public holidays as provided under the law. These include major national and official holidays such as National Day, the birthday of the Yang di-Pertuan Agong, Workers’ Day, and other public holidays declared under the Holidays Act 1951.[7]
Nonetheless, it does not deny the fact that the part-time employees may choose to work during the public holiday, but there must be an additional commission or wages to be paid to them.[8] It is indeed permissible.
Therefore, in circumstances where a part-time employee is required to work on a public holiday during their normal working hours, they must be paid no less than two days’ wages in addition to their holiday pay.[9] Alternatively, employers and employees may also mutually agree to substitute the public holidays.[10]
Annual Leave or Sick Leave
Even though the part-time employees do not work the same hours as a full-time employee, their right to rest and recovery is still protected by law. They are also entitled to statutory paid leave, namely annual leave and sick leave.11 However, these entitlements are calculated on a prorated basis, depending on the part-time employee’s length of service.
| DURATION OF EMPLOYMENT | DURATION OF PAID ANNUAL LEAVE |
| Less than 2 years | Not less than 6 days for every twelve months of continuous service |
| 2 years – 5 years | Not less than 8 days for every twelve months of continuous service |
| 5 years or more | Not less than 11 days for every twelve months of continuous service |
Figure 2
**As for the part-time employees who have not completed twelve months of continuous service, it is calculated proportionally based on the number of hours worked compared to a full-time employee.
| DURATION OF EMPLOYMENT | DURATION OF PAID SICK LEAVE |
| Less than 2 years | Not less than 10 days for every twelve months of continuous service |
| 2 years – 5 years | Not less than 13 days for every twelve months of continuous service |
| 5 years or more | Not less than 15 days for every twelve months of continuous service |
Figure 3
Overtime Pay
Part-time employees are also entitled to overtime pay if they are required by their employer to work beyond their normal or agreed-upon hours of work. However, this is often a point that goes unnoticed, where it may stem from the perception that part-time work is inherently informal or less regulated compared to full-time employment. As a result, some employers may unintentionally overlook their obligations in calculating and paying overtime correctly.
It must be noted that for any extra work that exceeds the employee’s normal working hours but does not go beyond the normal hours of a comparable full-time employee in the same company or enterprise, the employee must be paid at least their hourly rate of pay for each hour worked.[11] However, where the additional hours go beyond the normal working hours of a full-time employee in a similar position, the rate of pay increases to at least one and a half times the part-time employee’s hourly rate for each hour worked.[12]
In addition, in cases where a part-time employee is required to work beyond their normal hours on a paid public holiday, they are entitled to overtime pay at twice their hourly rate for each hour worked.[13] However, if their hours of work exceed the normal hours of a full-time employee, they must be paid three times the hourly rate for each hour worked.[14]
From this, it can be seen that the overtime pay payable to part-time employees may differ depending on the additional hours worked and the dates on which such work is performed.
EPF Contributions
Does a part-time employee have the right to Employees Provident Fund (EPF) contributions? This is one of the most frequently asked questions that often arises in discussions surrounding part-time employment. Most employers did not realize that they also have a responsibility to ensure the EPF contributions to the part-time employees as well. There are also many cases where employers avoid paying the EPF contributions to the part-time employees.[15]
Employers are required to make statutory contributions for part-time employees where the employment is regular and based on a contract of service. This ensures that part-time employees receive social security and retirement benefits similar to full-time employees.
Part-time employees are entitled to EPF from their employer as ruled under Section 43(1) of the Employees Provident Fund Act 1991, since part-time employees fall within the meaning of employee under the said Act.[16] In the said Act, employee means any person, not being a person of the descriptions specified in the First Schedule, who is employed under a contract of service or apprenticeship, whether written or oral and whether expressed or implied, to work for an employer.18 Thus, it does not exclude part-time employees from entitlement to EPF contributions.
In fact, failure to do so constitutes an offence. Upon conviction, the employer may be liable to imprisonment for a term not exceeding 3 years or to a fine not exceeding RM10,000 or to both.[17]
In conclusion, the law had provided systemic standards for the part-time employees to safeguard their welfare and guidelines for the employer in the employment community. Ultimately, this framework not only protects employees’ welfare but also encourages responsible employment practices and a more balanced employer–employee relationship. The employers also need to be aware of these key entitlements to reduce disputes and avoid penalties, and further create a more stable and professional working environment.
So, the next time you consider working as a part-timer, you will not just be taking up a job, but you will also know your rights!
[1] S.2 of the Employment Act 1955.
[2] SIM, CHEE KEONG. “MINIMUM WAGES ORDER 2024.” Press release. WARTA KERAJAAN PERSEKUTUAN, 2024.
[3] S.2 of the Minimum Wages Order 2025.
[4] S.43 of the National Wages Consultative Council Act 2011.
[5] S.43 of the National Wages Consultative Council Act 2011.
[6] S.47of the National Wages Consultative Council Act 2011.
[7] S.6(1) of the Employment (Part-Time Employees) Regulation 2010.
[8] S.6(2) of the Employment (Part-Time Employees) Regulation 2010.
[9] S.6(5) of the Employment (Part-Time Employees) Regulation 2010.
[10] S.6(4) of the Employment (Part-Time Employees) Regulation 2010. 11 S.7-8 of the Employment (Part-Time Employees) Regulation 2010.
[11] S.5(1) of the Employment (Part-Time Employees) Regulation 2010.
[12] S.5(2) of the Employment (Part-Time Employees) Regulation 2010.
[13] S.6(6)(a) of the Employment (Part-Time Employees) Regulation 2010.
[14] S.6(6)(b) of the Employment (Part-Time Employees) Regulation 2010.
[15] Camoens A. “Many employers do not make mandatory Perkeso, EPF contributions.” New Straits Times.
[16] S.43(1) of the Employees Provident Fund Act 1991. 18 S.2 of the Employees Provident Fund Act 1991.
[17] S.43(2) of the Employees Provident Fund Act 1991.
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