Malaysia EOR

Global Expansion Resources | Malaysia

Malaysia Employment Contracts

Expand into Malaysia with our specialist global PEO services

Malaysia Employment Contracts

Issuing compliant Malaysia employment contracts for your international employees with Leap29 as your global PEO provider

Situated in the heart of Southeast Asia, Malaysia provides access to a large regional market that is extremely attractive for businesses and serves as a gateway to other Southeast Asian countries, including Singapore, Thailand and Vietnam. Malaysia’s welcoming attitude towards foreign investment and simplified business processes has made it easier than ever for companies to establish themselves in this booming Asian market.

When your company makes the choice to expand globally, compliance is key. One major aspect of global compliance is the issuing of lawful employment contracts for your international recruits. This is where partnering with a Professional Employer Organisation (PEO) provider, such as Leap29, is the difference between success on the global stage and costly fines or legal consequences for non-compliance.

In Malaysia specifically, the Employment Act 1955 mandates written contracts for employment lasting longer than one month, or for work expected to take more than a month. These contracts are essential for compliance with Malaysian labour laws, which are primarily governed by the Ministry of Human Resources, since they establish the rights and responsibilities of both employers and employees.

Ensure you remain compliant by partnering with a specialist PEO provider like Leap29.

Want to expand into Malaysia?

Contact us today to see how Leap29 can be the trusted partner that supports your global expansion.

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Malaysia Expansion Advice

What does a Malaysian employment contract include?

A Malaysian employment contract outlines the terms of the employment relationship, including job details, compensation, working hours, leave and termination procedures. It must be in writing for employment lasting longer than one month. The Employment Act 1955 provides the legal framework, and contracts should also address matters like confidentiality and non-compete clauses.

Here’s what’s typically included in a Malaysian contract of employment:

  • Parties Involved: Clearly identifies the employer and employee, including their names etc.
  • Job Details: Including a clear description of the employee’s duties and responsibilities, as well as the work location.
  • Employment Type: Permanent, contract-based or part-time.
  • Compensation and Benefits: Details the salary or wages, frequency of payment and any allowances, bonuses or incentive schemes the employee is eligible for.
  • Working Hours: The standard working hours per day or week, including any overtime expectations.
  • Leave Entitlements: Specifies the types of leave available, such as annual leave, sick leave, maternity/paternity leave etc. and the respective entitlements.
  • Probationary Period: Outlines the terms of the probationary period, including durations and assessment criteria (if applicable).
  • Confidentiality and Non-Disclosure: Includes clauses to protect the employer’s confidential information and trade secrets.
  • Public Holidays
  • Health and Safety

Malaysian employment contracts may also include further clauses, such as non-compete, non-solicitation, codes of conduct and dress codes, if at all relevant or applicable to the position outlined in the contract.

What types of employment contracts are there in Malaysia?

In Malaysia, employment contracts can be largely grouped into the following categories:

  • Permanent Employment Contract – These Malaysian employment contracts provide ongoing employment without a fixed end date. Employees under these contracts are entitled to full benefits such as annual leave, sick leave, and other statutory entitlements outlined in the Employment Act 1955. 
  • Fixed-Term Contract – These are agreements that run for a defined period and are used in project-based sectors or when there is a need for temporary staffing. They cannot be used without a specific purpose, such as a project or to cover a temporary absence such as maternity leave. Once the contract period ends, the employment relationship concludes automatically. These contracts fall under the Employment Act 1955, which guarantees that employees on fixed-term agreements receive the same protections as permanent staff during their contract term.

Part-Time Employment Contract – These are intended for employees who work fewer hours, or on an irregular schedule compared to full-time staff. According to the Employment Act 1955, a part-time employee is one whose average weekly working hours fall between 30% and 70% of the standard hours worked by a full-time employee in a similar role within the same company. These contracts are especially common in industries such as retail and hospitality.

Can I change an employment contract?

Yes, Malaysian employment contracts can be changed, but this requires a mutual agreement between the employer and employee. For any significant changes to an employment contract, both parties must be in agreement about the new terms, and this should be documented in writing to avoid any potential disputes in the future.

Why use a PEO partner to manage Malaysian employment contracts?

Working with a specialist PEO partner helps your business steer clear of the many compliance risks that come with international expansion, avoiding disputes, fines and potential legal action.

With Leap29’s global PEO solutions supporting your business, there’s no need to set up a local entity or handle the complexities of payroll, HR administration, legally compliant employment contracts, tax obligations or work permit and visa requirements.

Our dedicated expansion experts boast more than 25 years of experience delivering tailored PEO solutions in more than 180 countries. We support businesses across a wide range of sectors, from Construction, Engineering and Manufacturing, to Logistics, Technology and Education.

If you’d like to learn how our Malaysian PEO services can accelerate your international growth, call our team on +44 (0) 20 8129 6860 or email us at expansion@leap29.com.

Don’t take our word for it!

Leap29 played a critical role in helping us navigate a challenging situation during our acquisition by Gilde Buy Out Partners. They were instrumental in onboarding over 60 employees from Columbus onto our team, with a flexible benefits package that addressed their individual requirements. Leap29 also assisted us in managing the growth of our workforce in India. Thanks to Leap29's support, we were able to increase our headcount in India by over 50% within 12 months and establish our own operation in the country. We are grateful for their partnership and look forward to working with them again in the future."
Luciano Cunha - CEO
To Increase
Leap29 played a critical role in helping us navigate a challenging situation during our acquisition by Gilde Buy Out Partners. They were instrumental in onboarding over 60 employees from Columbus onto our team, with a flexible benefits package that addressed their individual requirements. Leap29 also assisted us in managing the growth of our workforce in India. Thanks to Leap29's support, we were able to increase our headcount in India by over 50% within 12 months and establish our own operation in the country. We are grateful for their partnership and look forward to working with them again in the future."
Luciano Cunha - CEO
To Increase
For the last few years, we have worked very closely with Simon and the team at Leap29 on a number of different projects in multiple countries across the globe. Leap29 have been a fantastic partner for us and are always willing to think with us to find the best solution. The communication with the team at Leap29 has always been excellent and Simon, in particular, is great to work with! They come highly recommended from us!
Peter Yerardi - Global VP HR
Data.ai 
For the last few years, we have worked very closely with Simon and the team at Leap29 on a number of different projects in multiple countries across the globe. Leap29 have been a fantastic partner for us and are always willing to think with us to find the best solution. The communication with the team at Leap29 has always been excellent and Simon, in particular, is great to work with! They come highly recommended from us!
Peter Yerardi - Global VP HR
Data.ai 
The assistance of Leap29 allowed our company to build a successful team in India without the hassle of establishing our own entity. They provided excellent support from the onboarding process to setting up medical insurance and ensuring all taxation issues were managed in a compliant manner. We were particularly impressed with their responsiveness to any bespoke requests and that the administration of salary payments and benefits were extremely sufficient and always on time. Their professionalism and commitment to regulatory compliance was exceptional, and we could not have done it without their support.
Steen Hybschmann
CEO | Sprint 365
The assistance of Leap29 allowed our company to build a successful team in India without the hassle of establishing our own entity. They provided excellent support from the onboarding process to setting up medical insurance and ensuring all taxation issues were managed in a compliant manner. We were particularly impressed with their responsiveness to any bespoke requests and that the administration of salary payments and benefits were extremely sufficient and always on time. Their professionalism and commitment to regulatory compliance was exceptional, and we could not have done it without their support.
Steen Hybschmann
CEO | Sprint 365

Talk to an expert today

Already have your own entities? Just starting out? Whatever stage you’re at in your global expansion journey, we can help.

Want to find out more about our Malaysia Employment Contracts?

Contact us today to see how Leap29 can be the trusted EOR partner that supports your global expansion.

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Mobilise your people across borders with ease. Relocating to work abroad can feel daunting. But with Leap29 at your side, your employees can feel safe and supported.

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