Min. wage
(x12 payments)
Employer tax
Annual leave
Notice period
4-8 weeks (by tenure)
Termination and notice info
Updated
Sep 2026

Employer of Record (EOR) in

Malaysia

Ready to employ talent in Malaysia?
Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
Language(s)
Currency
RM
MYR
Capital
Kuala Lumpur
People team
Population
36.4 M
Time Off
Public holidays
11 (varies by state)
Legal
VAT
8%

Contract Types

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
DEFAULT
Indefinite contract

The standard and default employment relationship is an open-ended (permanent/indefinite) contract of service, terminable only by lawful notice, mutual agreement, or dismissal with just cause and excuse. Since 1 Jan 2023, the Employment Act's core protections apply to ALL employees regardless of salary level (previously capped at RM2,000/month).

REGULATED USE

Fixed-term contracts are lawful where there is a genuine, demonstrable temporary need. No statutory cap on renewals, but courts scrutinise the substance of the relationship - repeated back-to-back renewals covering an ongoing role suggest disguised permanent employment. If reclassified, the employee gains full protections and non-renewal can be challenged as unfair dismissal unless just cause and excuse is shown.

Employees

Employment basics

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
WORKING HOURS
45 hrs/week

Normal hours must not exceed 8 hours/day or 45 hours/week; max daily spread-over 10 hours, with a rest break of at least 30 minutes after 5 consecutive hours. Overtime capped at 104 hours/month. Overtime pay under Part XII applies to employees earning RM4,000/month or below (manual workers regardless of wage) at minimum 1.5x for normal-day overtime, 2x for rest-day work, 3x for public-holiday work.

PROBATION PERIOD
3-6 months

The Employment Act 1955 does not mandate, define, or cap probation periods - it is purely contractual. Employers commonly use 3-6 months. Probationers still accrue statutory leave and are protected against dismissal without just cause once deemed 'employees.' Notice during probation is whatever is stated in the contract. An employee whose probation is neither confirmed nor extended in writing at the end of the stated period is generally deemed confirmed.

13TH / 14TH SALARY
Not Required

Malaysia has no statutory requirement for a 13th or 14th month salary/bonus. It is extremely common market practice - many employers pay a discretionary 'Hari Raya'/annual bonus equivalent to roughly one month's salary, sometimes written into the employment contract, becoming a contractual (not statutory) entitlement.

JOB TITLE REGULATIONS
Checkmark
Regulated

No general job-title licensing regime, but several professions require local registration (law, medicine, engineering, accounting). For foreign nationals, employment is gated by immigration approvals: an Employment Pass (managerial/professional/skilled roles) or Visitor's Pass (Temporary Employment) for lower-skilled roles subject to sector-specific quotas and levies.

Legal

Taxes & employment costs

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
EMPLOYER CONTRIBUTIONS
13.95
%

For a Malaysian/PR employee earning above RM5,000/month, total statutory employer contributions are approximately 13.95%: EPF 12%, SOCSO 1.75% (capped at RM6,000/month), EIS 0.2% (capped at RM6,000/month). For employees earning RM5,000/month or below, EPF employer rate rises to 13% (total ~14.95%). Separately, employers with 10+ Malaysian employees must pay a 1% HRDF training levy, and employers hiring non-Malaysian staff pay an annual foreign-worker levy instead. Since 1 October 2025, EPF for foreign employees became mandatory at a flat 2% employer/2% employee rate.

EMPLOYEE CONTRIBUTIONS
11.7
%

Total statutory employee contributions for a Malaysian/PR employee under 60: approximately 11.7% of gross salary: EPF 11% (uncapped), SOCSO 0.5% (capped at RM6,000/month; 0% for 60+), EIS 0.2% (capped at RM6,000/month; not applicable to 60+ or certain foreign-worker categories). Non-Malaysian employees generally not covered by EIS and contribute EPF at a flat 2% rate since 1 October 2025.

This is a general summary of Malaysian employment, tax, and social security rules as understood as of August 2026. Statutory rates, wage ceilings, and thresholds are subject to change - always confirm current requirements with official sources (KWSP/EPF, PERKESO/SOCSO, LHDN, Ministry of Human Resources) or qualified local counsel.
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Employer of Record cost calculator

Found talent in another location outside your home base? Know the potential cost using RemoFirst before you commit. Use our calculator to get instant, country-specific employee cost estimates in 185+ countries.

*This calculator provides reliable estimates based on up-to-date local data. While it's not a final EOR quote, it gives you a strong benchmark for planning.

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Time Off

Leave entitlements

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
Type
Duration
Pay During Leave
Annual leave
8 days
100%
Maternity leave
98 days
100%
Paternity leave
7 days
100%
Sick leave (days 1-3)
Days 1-3
100% (employer)
Days 4-20
100% (employer), tenure-based annual entitlement
(Days 21+)
100% (employer) if certified hospitalization, up to 60-day combined cap
Special Leave
Not statutory; customary employer practice is typically 3 days paid for an immediate family member (spouse, child, parent), and 1-3 days for other close relatives.
Compassionate/bereavement leave
Not statutory; commonly offered as a discretionary benefit of 1-3 days paid leave for an employee's own wedding.
Marriage leave
Not statutory in the private sector (public-sector employees receive a one-time 40-day paid Hajj leave during their career); many private employers voluntarily extend a similar allowance (commonly cited as up to 40 days, once during employment) as a matter of policy.
Hajj (pilgrimage) leave
Not statutory; offered at employer discretion, commonly a few days paid or unpaid leave around professional examinations or further-education commitments.
Study/examination leave
People Morale

Benefits

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
Statutory Benefits

In addition to statutory leave, employees are entitled to the following statutory benefits:

EMPLOYER CONTRIBUTIONS

Malaysia's core statutory schemes are EPF/KWSP, SOCSO/PERKESO, and EIS. Rates below are for Malaysian citizens/PRs under 60; foreign employees are subject to different (generally lower) rates.

  • EPF: Employer 12% (salary above RM5,000/month) or 13% (RM5,000 or below); Employee 11% (uncapped). Non-Malaysian: flat 2% employer/2% employee since 1 October 2025.
  • SOCSO: Employer 1.75%; Employee 0.5%. Wage ceiling RM6,000/month. Foreign workers: employer-only 1.25% (Employment Injury only).
  • EIS: Employer 0.2%; Employee 0.2%. Wage ceiling RM6,000/month. Covers citizens/PRs aged 18-60; foreign workers generally not covered.
  • HRD Corp levy: Employer-only 1% of monthly wages, mandatory for employers with 10+ Malaysian employees (0.5% optional for 5-9 employees).
WORKPLACE INJURY PROTECTION

Work-related injury, occupational disease, and commuting accidents for Malaysian employees are covered under SOCSO's Employment Injury Scheme, funded entirely by the employer's 1.75% contribution.

  • Benefits include medical treatment, temporary/permanent disablement benefit, dependents' benefit, funeral benefit, and rehabilitation services
  • Foreign workers covered under the same scheme (employer contributes 1.25%, no employee contribution)
  • Employees above the RM6,000/month ceiling still covered, but contribution/benefit calculations capped at that ceiling
SEVERANCE PAY

Statutory termination/lay-off benefits apply to employees dismissed by reason of redundancy/retrenchment or non-renewal of a fixed-term contract for business reasons, with at least 12 months of continuous service.

  • Less than 2 years: 10 days' wages per completed year of service
  • 2 to less than 5 years: 15 days' wages per completed year of service
  • 5+ years: 20 days' wages per completed year of service

Calculated pro-rata for incomplete years; must generally be paid within 7 days of termination. Does not apply to dismissal for misconduct, poor performance, or voluntary resignation.

13TH SALARY

There is no statutory 13th (or 14th) month salary requirement in Malaysia.

  • Many employers pay a discretionary annual bonus, often around one month's salary, commonly timed around a major festival or year-end
  • If written into a contract/CBA or established custom, it can become a contractual entitlement
Time Off

Termination & notice

Here's what you need to know about their employment laws, taxes, termination rules, and more. And many companies choose to work with an Employer of Record in Malaysia to stay compliant from day one.
Scenario
Severance
Unfair dismissal
Any dismissal (including constructive dismissal) made without just cause or excuse is unfair/unlawful. The employer bears the burden of proving just cause and fair procedure before the Industrial Court. An aggrieved employee must file a representation within 60 days. Remedies include reinstatement or compensation plus back wages, generally capped in practice at up to 24 months' back wages for confirmed employees (often 12 months for probationers).
Objective / fair dismissal
Valid grounds recognised as 'just cause and excuse' include: proven misconduct (following fair domestic inquiry), poor work performance (with documented warnings), redundancy/retrenchment for genuine business reasons (fair selection criteria, statutory termination benefits paid), breach of contract terms, and mutual agreement/resignation. Procedural fairness is as important as the substantive ground.
During probation
Notice per contract (commonly 1 day–2 weeks); dismissal must not be arbitrary or in bad faith. If not confirmed or terminated by the stated end date, the employee is deemed confirmed.
After probation
Once confirmed, termination requires either just cause and excuse or the statutory/contractual notice period (4/6/8 weeks by tenure, or payment in lieu). Redundancy terminations additionally require statutory termination benefits where the 12-month threshold is met. Termination without just cause or fair procedure exposes the employer to an unfair dismissal claim.
This summary reflects general statutory minimums under Malaysia's Employment Act 1955 and Industrial Relations Act 1967 as understood as of August 2026. Actual entitlements can be affected by contracts, collective agreements, and evolving case law. Not legal advice; employers should seek Malaysian employment counsel before terminating any employee.
Content last reviewed Sep 2026. Employment laws change fast, always verify critical hiring decisions, and talk to our team of international experts.

Hiring in Malaysia FAQ

How RemoFirst employs in Malaysia
It can be prohibitively expensive to establish an entity in every country you want to hire talent in Malaysia, so RemoFirst will hire and pay your employee on your behalf while you manage their daily duties. RemoFirst will handle formal HR procedures and employment contracts that adhere to local laws, so that you can simply approve invoices via our platform. When you work with an Employer of Record (EOR) you can compliantly hire the best employees around the world.
How employees in Malaysia get paid

Your employee's hours, time off, holidays, bonuses, and commissions are automatically calculated into payroll. RemoFirst will invoice you in either US Dollars (USD), Euros (EUR), British Pounds (GBP), Canadian Dollars (CAD), Australian Dollars (AUD), or Singapore Dollars (SGD) around the 15th of each month to make sure your employees are paid on time. To make it even easier, you can summarize your entire global team's salaries to aggregate them into one payment (instead of many individual payments).

Full-time Employees vs Global Contractors

Unlike full-time employees, contractors work on projects with multiple companies at a given time and are technically self-employed. Full-time employees are solely focused on their employer and usually receive benefits (such as health insurance, equity or stock options, and time off) as an additional form of compensation. While it can be cheaper to work with international contractors instead of paying benefits to a full-time employee, you run the risk of misclassification. It's recommended to work with an EOR for contractor onboarding and payments, so you can know that your international contractors are paid compliantly and on time.

Dependable support for employees

Whenever the employee or employer has a question about, or anything else related to international employment, they can speak with our customer support team to get answers from our team of experts.

More than once, I have had a need or request that was answered not just with a fix, but with a permanent improvement of my service. They go out of their way to give me even better than I ask for, without extra charges. RemoFirst makes it as uncomplicated as possible to have employees in multiple countries. This is a great blessing to our business.
Kenny S.
-
Co-CEO
@
Blomberg Music Productions
RemoFirst is an amazing platform, everything is extremely user friendly and easy to use compared to other tools that I have been using in the past. Inna and the team were on point and replying to my questions in a more than timely manner as well as making our life super easy! Great people and platform, I'll highly recommend it to my network.
Hugo D.
-
Business Ops & Strategy Manager
@
Aflorithmic
EORs can be really, really complex and there is so many different grey areas involved. But working with RemoFirst, they're able to make things clear and concise. It's been a fantastic relationship and they partner really well with all the teams that need to be involved in our hiring process.
Leanne T.
-
Manager of HR Business Operations
@
PandaDoc
RemoFirst enables us to compliantly hire and manage employees in countries where we lack an entity, saving time and costs as we scale Creatio globally. They offered the best pricing among all EORs we considered, and the setup process was smooth despite our many questions. The team has been kind and attentive, and the platform is easy to navigate. We’re excited to have completed our onboarding and to be working with RemoFirst!
Olivia H.
-
Global HR Manager
@
Creatio
RemoFirst helps to increase flexibility in the hiring process to ensure remote teams can be successfully onboarded anywhere in the world. Customer service is quick to respond to any queries. Positive onboarding experience. Would recommend to others. Makes hiring smooth and hassle free for remote workers.
Emma T.
-
Program Lead EMEA
@
Trust Lab
RemoFirst ensure to provide an easy and smooth transaction in hiring remote workers across the globe; they will take care of all the nitty gritty part of hiring remote workers without having an entity in a country. They also provide a reasonable pricing that is also appropriate for a startup. What I liked most about RemoFirst is their customer service! Special kudos to our account manager, Victor, who has consistently provided us with speedy and prompt responses from initial contact up to now.
G-Anne B.
-
Recruiter
@
Portcast
RemoFirst enables me to work remotely and stay compliant in my home country. It’s also very helpful for submitting and managing expenses, making it a great addition to my primary HR platform with its admin features. The platform is simple, intuitive, and easy to navigate, with more than adequate functionality for getting things done efficiently.
Martin P.
-
Head of Marketing
@
BetVictor
“We had an entity that was located in a different country that wanted to hire members in the US without affecting the tax status, having RemoFirst help out by being the EOR was the best solution. The setup of the EOR was very easy and we had a dedicated account manger the entire time. Having a dedicated account manager made resolving issues simpler than it would have been otherwise. Nice touch!”
Weston M.
-
Financial Controller
@
Truffle Ventures
When we were first looking into partnerships to support our remote team, the complexity and options were overwhelming. RemoFirst was patient and explained how things work, often answering questions that I know were outside of what they technically do. This made me feel informed as a business owner and showed how the team goes above and beyond. Our team members who we've hired using our Remofirst partnership had glowing things to say about the experience.
Rachel W.
-
CEO
@
Vinebase
I had some details to be clarified with the contract, but the staff was very helpful in helping me sort it out. Also, the laptop delivery arranged by RemoFirst was a breeze! The device arrived the next day!
Jane Ruth A.
-
Client Success Consultant
@
Osome
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