Understanding Malaysia's Break Laws: The Employment Act 1955
In Malaysia, employee breaks and working hours are primarily governed by the Employment Act 1955, which underwent significant amendments effective January 1, 2023. This legislation applies to employees in Peninsular Malaysia and Labuan, with certain provisions not extending to those earning over RM4,000 monthly, except for manual laborers. The Act mandates that standard working hours cannot exceed 45 hours per week, a reduction from the previous 48 hours, and limits daily work to 8 hours.
One key provision is the requirement for breaks: employees cannot work more than five consecutive hours without a minimum 30-minute break. For those on an 8-hour workday, a minimum of 45 minutes of unpaid rest time is standard. It's crucial for employers to note that these break times are not included in the 45-hour workweek calculation and are typically unpaid, unless specified otherwise in the employment contract.