Whether you\u2019re a fresh graduate starting in the workforce or a seasoned professional, understanding your rights as an employee is crucial to ensure that you\u2019re not being taken advantage of.<\/p>\n
While most reputable companies and workplaces will follow labour laws and regulations, it\u2019s always a good idea to be aware of what your rights are to protect yourself from any unscrupulous organisations or practices.<\/p>\n
In the article, we talk about five employee rights that you should probably know when you enter the workforce.<\/p>\n
From unfair termination to late payment of salaries, it\u2019s important to realise that you can\u2019t rely on your bosses when it comes to protecting your rights as a worker.<\/p>\n
Thankfully, Malaysia has robust protection for workers with the Employment Act (EA) 1955<\/a>, which sets out the minimum benefits that you should have.<\/p>\n With the Employment (Amendment of First Schedule) Order 2022<\/a> that was gazetted in August 2022, the EA now covers all employees regardless of their monthly wages<\/strong>.<\/p>\n Previously, the benefits only applied to employees with salaries that did not exceed RM2,000 and to certain sections of workers such as domestic servants and manual labour.<\/p>\n However, the EA does not apply to Sabah and Sarawak as they have their own Labour Ordinances, which are the Sabah Labour Ordinance<\/a> and Sarawak Labour Ordinance<\/a>.<\/p>\n The subject of overtime work can be a sensitive topic among workers. Some might be fine with it, some might not, but ultimately, it should be your decision.<\/p>\n Under the EA, anything beyond what constitutes your \u201cnormal working hours\u201d will be deemed overtime work and at that point, you do have the right to reject any overtime work if it is not stated in your contract or if you have not given prior consent<\/strong>.<\/p>\n As for what constitutes \u201cnormal working hours\u201d, here\u2019s what it says in Section 60A of the EA<\/strong>:<\/p>\n 60A. (1) Except as hereinafter provided, an employee shall not be required under his contract of service to work\u2014<\/em><\/p>\n (a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;<\/em> We\u2019re often told that discussing our salaries amongst colleagues is a \u201cbig no-no\u201d with tales of people getting in trouble and being reprimanded by HR if it happens.<\/p>\n You might even be worried that your company could take legal action against you. But here\u2019s the thing, there are no laws in Malaysia that prevent employees from discussing their salaries<\/strong>.<\/p>\n HOWEVER\u2014<\/p>\n It doesn\u2019t mean that you\u2019re completely safe to talk about your salary. The employment contract that you signed might have a confidentiality agreement<\/strong> or a non-disclosure agreement (NDA)<\/strong> that states you\u2019re not allowed to discuss salaries openly.<\/p>\n Whether or not these clauses are enforceable is hard to gauge as once you\u2019ve signed your employment contract, the NDA will serve as a binding contract between you and your employer<\/a>.<\/p>\n So, it\u2019s best to check with either your HR or your employment contract on what the company policies are when it comes to talking about your salaries.<\/p>\n Whenever Chinese New Year or Hari Raya comes around, people are expected to take long periods of annual leave. Some companies might even go as far as to close the company for the week and make it compulsory for you to take annual leave as well.<\/p>\n But here\u2019s the thing, your employers cannot force you to take annual leave or unpaid leave at all<\/strong>.<\/p>\n AskLegal<\/a> confirmed this with Malaysian Human Resources which states that \u201can employer cannot force his employees to take an annual leave\u201d.<\/p>\n But under Section 60E (1) of the EA, you are entitled to paid annual leave depending on how long you\u2019ve been with the company and have every right to use it however you want to.<\/p>\n If you\u2019re a female employee, the EA ensures that you\u2019re protected if you get pregnant by giving you maternity leave for a period of not less than sixty consecutive days plus a maternity allowance which is your ordinary monthly salary.<\/p>\n Another protection that you have is that your employers cannot fire you when you\u2019re on maternity leave as that is an offence according to Section 37 (4) of the EA:<\/p>\n \u201cAny employer who terminates the service of a female employee during the period in which she is entitled to maternity leave commits an offence.\u201d<\/em><\/p>\n If you do get fired while on maternity leave, then you\u2019re well within your rights to file a complaint against your employer.<\/p>\n It\u2019s not unheard of for employers to reject an employee\u2019s resignation, either because they are integral to the business or just can\u2019t afford to lose that employee.<\/p>\n But is it even legal to have your resignation letter rejected, or even in some cases, ignored?<\/p>\n The short and simple answer: No, they can\u2019t stop you from resigning<\/strong>. Not only is it unethical, but it is literally against the law under Section 12 of the EA, which states:<\/p>\n \u201cEither party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.\u201d<\/em><\/p>\n This means that whether or not your boss sees or ignores your resignation, as long as you have evidence of you sending a formal notice, then they have no right to reject it.<\/p>\n If you face any issues at your workplace or with your employer, it doesn\u2019t mean that you should feel powerless and do nothing about it.<\/p>\n Policies such as the EA 1955 are designed to make sure you are not taken advantage of or being treated unfairly in your workplace.<\/p>\n And if you do find yourself, or someone you know, in situations where you need to take action, you can always get in touch with the Malaysia Ministry of Human Resources<\/a> and lodge a complaint<\/a>.<\/p>\n<\/span>1. You can reject overtime work<\/span><\/h2>\n
\n(b) more than eight hours in one day;<\/em>
\n(c) in excess of a spread over period of ten hours in one day;<\/em>
\n(d) more than forty-five hours in one week:<\/em><\/p>\n<\/span>2. You can (somewhat) talk about your salary<\/span><\/h2>\n
<\/span>3. You can\u2019t be forced to take an annual leave<\/span><\/h2>\n
<\/span>4. You can\u2019t be fired while on maternity leave<\/span><\/h2>\n
<\/span>5. Your employer can\u2019t reject your resignation letter<\/span><\/h2>\n
<\/span>If your rights as an employee are violated, take action<\/span><\/h2>\n