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Malaysia

  • Basic Information
  • Social Security Payment
  • Individual Income Tax
  • Salary Payment
  • Work Time
  • Vacation
  • Labor Contract
  • Termination of Contract

Basic Information

 

Official Currency   Official Language 
 Malaysian Ringgit (MYR)    Bahasa Malaysia
English Proficiency Rate Minimum Wage (effective date)
High  RM1500(2013.1)

 

 

 

 

Social Contribution

 

Employer Contribution

13-14%+96.55 RM (maximum)

EPF (provident fund): 13% (if the employee’s salary exceeds RM 5,000, the employer contributes 12%)

SOCSO (Social Insurance): Different fixed amounts are paid according to different salaries, with a maximum payment of 86.65 RM.

SIP/EIS (Employment Insurance): Different fixed amounts are paid according to different salaries, with a maximum payment of 9.9 RM

HRDF (Human Resources Development Fund): 1%

 

Employee Contribution

11%+34.65 RM (maximum)

EPF (provident fund): 11%

SOCSO (Social Insurance): Different fixed amounts are paid according to different salaries, with a maximum payment of 24.75 RM.

SIP/EIS (Employment Insurance): Different fixed amounts are paid according to different salaries, with a maximum payment of 9.9 RM.

Personal Income Tax

 

If an employee's monthly income exceeds RM4,000, he or she needs to pay personal income tax.

Payroll

 

Payroll Cycle

The payroll process typically follows a monthly cycle in Malaysia, and payments are made on the last working day. However, employees’ bank accounts must be credited with their salary by the 7th of every month. In addition, the payroll in Malaysia includes a customary 13th-month pay at the end of each year.

 

13 Salary

No,but In Malaysia, it is customary to pay a 13th-month payment at the end of the year. This will be stipulated within the employment contract.

Working Time

 

Standard Working Hours (full time)

The typical workweek is Monday to Friday, the standard working hours are usually 8 hours per day.Common working hours are from 9:00 AM to 6:00 PM, with a one-hour lunch break.

 

Overtime

The average number of hours worked over any period of three weeks, or over any period exceeding three weeks as may be approved by the Director General, shall not exceed forty-five per week.

No employer shall require any employee who is engaged under his contract of service in shift work to work for more than twelve hours in any one day.

 

Overtime Pay

Workday:For any overtime work carried out in excess of the normal hours of work, the employee shall be paid at a rate not less than one and half times his hourly rate of pay irrespective of the basis on which his rate of pay is fixed.

Rest days:In the case of an employee employed on a daily, hourly or other similar rate of pay who works on a rest day, he shall be paid for any period of work

Which does not exceed half his normal hours of work,one day's wages at the ordinary rate of pay; or which is more than half but does not exceed his normal hours of work, two days’ wages at the ordinary rate of pay.

In the case of an employee employed on a monthly or weekly rate of pay who works on a rest day, he shall be paid for any period of work—which does not exceed half his normal hours of work, wages equivalent to half the ordinary rate of pay for work done on that day; or which is more than half but which does not exceed his normal hours of work, one day’s wages at the ordinary rate of pay for work done on that day.

For any work carried out in excess of the normal hours of work on a rest day by an employee mentioned in paragraph , he shall be paid at a rate which is not less than two times his hourly rate of pay.

Holidays

 

Public Holidays

There are a total of 12 public holidays in Malaysia in 2024.

 

Annual Leave

Less than 2 years of service: At least 8 days of annual leave per year.

2 to 5 years of service: At least 12 days of annual leave per year.

More than 5 years of service: At least 16 days of annual leave per year.

 

The employer shall pay the employee his ordinary rate of pay for every day of paid annual leave, and an employee on a monthly rate of pay shall be deemed to have received the annual leave pay if he receives his monthly wages, without abatement in respect of such annual leave, for the month in which he takes such annual leave.

 

Sick Leave

24 days of paid sick leave(For sudden illnesses, an employee is entitled to take up to 10 days of sick leave),16 days of paid sick leave at 100% of the employee's average income,8 days of paid sick leave at 50% of the salary.

Must be supported by a medical report from the employee’s attending doctor or the doctor of the organization.

Where no hospitalization is necessary,—Of fourteen days in the aggregate in each calendar year if the employee has been employed for less than two years;Of eighteen days in the aggregate in each calendar year if the employee has been employed for two years or more but less than five years; Of twenty-two days in the aggregate in each calendar year if the employee has been employed for five years or more; Or of sixty days in the aggregate in each calendar year if hospitalization is necessary.

 

Maternity Leave

The minimum amount of paid maternity leave in Malaysia is 98 days.

However, while maternity leave is a statutory right, there are still conditions that must be fulfilled to be eligible: The employee must have been employed within the 4 months leading up to confinement. The employee must have been employed for a total of 90 days in the nine months prior to confinement.Maternity leave only applies for the first five children.

 

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.

And shall be restricted to five confinements irrespective of the number of spouses.

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; and he has notified his employer of the pregnancy of his spouse at least thirty days from the expected confinement or as early as possible after the birth.

 

Marriage Leave

Not mentioned in the law.

 

Bereavement Leave

Typically, bereavement leave allows employees to take time off work to grieve and manage affairs related to the death of a close family member, such as a spouse, parent, child, or sibling. The duration and terms of bereavement leave can vary widely depending on the employer. Some companies may offer a few days of paid leave, while others might provide unpaid leave or require employees to use their annual leave or other types of leave.

 

Parental Leave

Some companies will offer adoption leave, although this is not mandated by law. The terms and duration can vary depending on the employer.

 

Religious Holidays

Malaysia is a multicultural and multi-religious country, and this diversity is reflected in its wide array of religious holidays. Here are some of the major religious holidays celebrated in Malaysia:

 

Islamic Holidays

Hari Raya Aidilfitri (Eid al-Fitr): Celebrated at the end of Ramadan, the Islamic holy month of fasting. It is one of the most significant holidays for Muslims in Malaysia.

Hari Raya Haji (Eid al-Adha): Also known as the Festival of Sacrifice, it commemorates the willingness of Ibrahim (Abraham) to sacrifice his son as an act of obedience to God.

Maulidur Rasul: The birthday of the Prophet Muhammad.

Awal Muharram: Islamic New Year, marking the beginning of the Islamic lunar calendar.

 

Buddhist Holidays

Wesak Day:Celebrates the birth, enlightenment, and death of Buddha. It is the most important Buddhist festival in Malaysia.

 

Hindu Holidays

Thaipusam: A significant Hindu festival celebrated mainly by the Tamil community. Devotees often carry kavadis (burdens) as acts of penance.

Deepavali (Diwali): Known as the Festival of Lights, it signifies the victory of light over darkness and good over evil.

Labor Contract

 

Labor Contract Type

Labor contracts are divided into fixed-term contracts and permanent contracts.

 

Probation Period 

Three to six months.

Termination

 

Notice Period

Fixed-term Contract

The termination notice period for the probationary period is 24hours or 1week, depending on the contract.

The termination notice period for official employees is 30 days.  If the contract does not specify, the statutory requirements shall apply.The statutory notice periods are as follows (based on years of service, X):

X < 2 years --- 4 weeks;

2 < X < 5 years --- 6 weeks;

X > 5 years --- 8 weeks.

The termination notice period for official  employees is employers must issue a written termination notice, specifying the last day of employment and the reason for termination. Adhere to the notice period stipulated in the contract or provide payment in lieu of notice, which is generally 30 days. If the contract does not specify, the statutory requirements shall apply. The statutory notice periods are as follows (based on years of service, X):

X < 2 years --- 4 weeks;

2 < X < 5 years --- 6 weeks;

X > 5 years --- 8 weeks.

 

Permanent Contract

Internship employees do not have a notice period.

Official employees must give 30 days’ notice before resigning,If the contract does not specify, the statutory requirements shall apply. The statutory notice periods are as follows (based on years of service, X):

X < 2 years --- 4 weeks;

2 < X < 5 years --- 6 weeks;

X > 5 years --- 8 weeks.

 

The dismissal period for official employees is 30 days’ notice before resigning,If the contract does not specify, the statutory requirements shall apply. The statutory notice periods are as follows (based on years of service, X):

X < 2 years --- 4 weeks;

2 < X < 5 years --- 6 weeks;

X > 5 years --- 8 weeks.

 

Severance Pay

Fixed-term Contract

There is no compensation for employees who leave during the probation period.

 

Official employees get compensation for dismissal is employees who have been employed for 12 months or more and earn a monthly salary not exceeding RM4,000 are entitled to the following minimum statutory severance pay. For employees earning more than RM4,000 per month, the entitlement to severance pay depends on the employment contract. If the contract does not specify, there is no statutory right to severance pay, but in some cases, it is generally expected that employers should provide reasonable severance pay. (If an employee is terminated without cause, the statutory minimum severance pay generally needs to be paid, but this can be negotiated with the employee.) The statutory requirements are as follows (based on years of service, X): 

X < 2 years --- 10 days' salary per year;

2 < X < 5 years --- 15 days' salary per year;

X > 5 years --- 20 days' salary per year.

 

Permanent Contract

Internship employees do not have a compensation.

Termination compensation for official employees who have been employed for 12 months or more and earn a monthly salary not exceeding RM4,000 are entitled to the following minimum statutory severance pay. For employees earning more than RM4,000 per month, the entitlement to severance pay depends on the employment contract. If the contract does not specify, there is no statutory right to severance pay, but in some cases, it is generally expected that employers should provide reasonable severance pay. (If an employee is terminated without cause, the statutory minimum severance pay generally needs to be paid, but this can be negotiated with the employee.) The statutory requirements are as follows (based on years of service, X):

X < 2 years --- 10 days' salary per year;

2 < X < 5 years --- 15 days' salary per year;

X > 5 years --- 20 days' salary per year.

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Privacy Notice

GSR is committed to protecting your privacy. We ensure transparency about the information we collect, how we use it, and who we share it with.

Who Decides Why and How We Process Your Personal Data?

GSR Technology Limited determines the purposes and methods for processing your personal data. As the sole data controller, GSR is responsible for deciding why and how your personal information is handled.

What personal data might we collect?

We collect various types of personal data for different purposes, which may include:

·       Contact Information: Details such as your name, job title, postal address, home address (if provided), business address, telephone number, mobile number, fax number, and email address.

·       Payment Data: Information required to process payments and implement fraud prevention measures, including credit/debit card numbers, security codes, and other relevant billing details.

·       Position Details: Information about the specific roles or positions for which you are seeking our services, including job titles, responsibilities, and department requirements.

·       Business Details: Information we process as part of our instructions or projects we are involved in, or provided voluntarily by you.

·       User Profile Data: Information related to your interactions with our website and services, including login names, passwords, preferences, and behavioral data, which helps us create a detailed profile to better tailor our services to your needs.

·       Publicly Available Information: Data collected from publicly available resources, including databases used for compliance checks or from credit rating agencies.

·       Details for Events: In some cases, we may collect information about you, including sensitive health information, to tailor our events to your needs. The processing of such data is based on your consent, and if you choose not to provide it, we may not be able to take necessary precautions.

·       Identifiers: Information that can be traced back to you, such as an IP address, website tracking codes, or electronic images of you.s.

How do we collect your personal information?

We may collect personal data about you in various situations, including:

·       When You or Your Organization Seek Our Services: This includes EOR service, payroll services, or any of our online client services.

·       When a Third Party Entity Engages Us: If you hold an office, have an interest, or maintain certain relationships with that Third Party Entity, we may collect your personal data.

·       When You or Your Organization Provide Services to Us: This also includes situations where you offer to provide services.

All these operations are conducted in compliance with legal requirements.

How We Use Your Personal Data

GSR use your personal data to ensure the effective and efficient management of your employment and related services. Here’s how we use your personal data:

·       To Provide Our Services: We use your data to deliver services that meet your needs and ensure your satisfaction.

·       For Security: We use your data to ensure a safe and secure environment for all our clients.

·       To Support Our Clients: We use your data to offer the necessary support and resources tailored to your requirements.

·       For Legal Processes and Requirements: We use your data to comply with legal and regulatory obligations.

·       For Marketing and Advertising: With your consent, we may use your data to send you marketing communications, advertise our services, and inform you about updates and promotions.

All these operations are conducted in compliance with legal requirements, ensuring your personal data is handled with the utmost care and confidentiality. We are committed to protecting your privacy and using your data only for legitimate business purposes.

How Will We Share Your Personal Data?

We may share your personal data in the following circumstances:

·       Service Provision: If we have collected your personal data while providing services to our clients, we may disclose it to that client or others, as permitted by law, to facilitate those services.

·       Feedback and Improvement: We may confidentially share your contact details with third parties to collect feedback on our services, helping us measure performance and improve our offerings.

·       Fraud and Crime Prevention: We may share your personal data with companies providing services for money laundering checks, credit risk reduction, and other fraud and crime prevention purposes, including financial institutions, credit reference agencies, and regulatory bodies.

·       Assignments and Obligations: We may share your personal data with any third party to whom we assign or novate our rights or obligations.

·       Legal Requirements: We may disclose your personal data to courts, law enforcement authorities, regulators, or other parties where necessary for legal claims, dispute resolution, or as required by law.

·       Service Providers: We may instruct service providers, domestically or internationally, to process personal data on our behalf. GSR will retain control and responsibility for your personal data, ensuring appropriate safeguards are in place.

·       Aggregated Data: We may use aggregated personal data and statistics to monitor website usage and develop our website and services.

·       Consent-Based Sharing: We may share your personal data with third parties when you have provided your explicit consent for us to do so. This includes sharing data for specific purposes that you have agreed to.

We do not sell your information nor make it generally available to others. We will only disclose your personal data when you direct us, give us permission, or when required by law or regulations. If we need to use your personal data for an unrelated purpose, we will notify you and explain the legal basis for doing so.

What rights do you have?

·       Request Access to Your Personal Data: Commonly known as a "Data Subject Access Request" (DSAR), this allows you to receive a copy of your personal data and ensure we are processing it lawfully.

·       Request Correction of Your Personal Data: This enables you to have any incomplete or inaccurate records corrected or completed.

·       Request Erasure of Your Personal Data: Known as a "deletion request," this allows you to ask us to delete or remove personal data where there is no valid reason for us to retain or process it.

·       Object to Processing of Your Personal Data: In general, providing your personal data to us is voluntary, and you typically will not face any negative consequences if you choose not to share it. However, in certain cases, we may not be able to act without receiving your personal data. For instance, we may need it to perform legally required compliance screening, process your instructions or orders, or provide you with our online services or communications.If we are unable to fulfill your request without the relevant personal data, we will inform you accordingly.

·       Request Restriction of Processing: This allows you to ask us to suspend the processing of your personal data, for instance, if you want us to verify its accuracy or the reasons for processing it.

·       Request Portability of Your Personal Data: You can request your personal data in a machine-readable format and ask for its transfer to another party

To exercise any of these rights, please contact us at support@gsrtech.com. To process your request, we may require proof of your identity, such as a valid form of identification, to ensure we protect your personal data from unauthorized access and comply with our security obligations.

How Do We Keep Your Personal Data Safe?

We take appropriate technical and organizational measures to keep your personal data confidential and secure, in accordance with our internal policies and procedures. This includes protocols for storage, access, and disclosure of personal data. Your personal data may be stored in our electronic systems, in the systems of our contractors, or in paper files.

How Long Do We Keep Your Personal Information?

How long do we keep your personal information?

We do not keep your personal information indefinitely.We retain your personal information in accordance with our global data retention policy, which categorizes all information held by us and specifies the appropriate retention period for each category. These periods are determined based on relevant data protection laws, the purpose for which the information is collected and used, legal and regulatory requirements, limitation periods for taking legal action, best practices, and our business purposes.

Transfers of Personal Data Abroad

GSR operates globally, which means we may transfer your personal data abroad if required for the permitted purposes. In some cases, this may involve transferring data to countries that do not offer the same level of protection as the laws in your country (such as the data protection legislation of the EU/EEA).

When making such transfers, we will ensure they are subject to appropriate safeguards in accordance with the General Data Protection Regulation (Regulation 2016/679) or other relevant data protection legislation.

All entities and offices within GSR will ensure an adequate level of protection for your personal data at all times.

Changes to Our Privacy Policy

This Policy was last updated on September 1, 2024 . We reserve the right to update the contents of this Policy periodically to reflect changes in the way we process your personal data or to comply with legal requirements. In the event of updates, we will post the revised Privacy Policy on our website. Changes will take effect as soon as the revised version is available on our website.

Get in Touch

We would appreciate hearing your views about our website and this Policy. Please let us know if you have any questions, comments, or need clarifications by contacting us at support@gsrtech.com or sending a letter to our Data Protection Officer, Abigail, at B916, Building 9, Area 2, Shenzhen Bay Technology Ecology Park, Nanshan District, Shenzhen, China.