PULSEKITA / KNOW YOUR RIGHTS / AKTA 265

The 45-hour workweek: who qualifies for overtime pay?

The Employment Act amendments widened coverage, but salary and work categories still matter for certain extra payments.

Source review: 2026-10-11Open Act record 265 →
KEY POINT

JTKSM confirms the 45-hour normal working week since 1 January 2023, without implying universal overtime entitlement for higher earners.

Who is this for?

Private-sector employees and employers reviewing working hours and overtime.

Jurisdiction and scope

Peninsular Malaysia and Labuan; check the currently applicable Sabah/Sarawak labour ordinances elsewhere.

What does the law and official guidance say?

Maximum ordinary working time: 45 hours

JTKSM lists the reduction from 48 to 45 normal hours per week under the amendments effective 1 January 2023. Schedules, breaks and shift work still depend on specific rules.

Evidence: jtksm-faq ↓

Salary above RM4,000: exclusions matter

The official FAQ says workers earning above RM4,000 monthly, except manual workers, are excluded from specified statutory overtime, rest-day, holiday and termination benefits. Check job classification and the contract first.

Evidence: jtksm-faq ↓

Check the First Schedule and your contract

Changes to the First Schedule expanded Act coverage. Do not assume an employer may cut salary solely because standard weekly hours were reduced; compare contract terms and official guidance.

Evidence: jtksm-faq ↓

Practical first steps

Record actual working time

Keep rosters, clock-in records, payslips and overtime instructions. Distinguish working hours from genuine breaks.

Evidence: jtksm-faq ↓

Request a written calculation

For disputed payments, ask HR or the employer for the rate calculation, employee category and statutory or contractual basis.

Evidence: jtksm-faq ↓

Consult the Labour Department if unresolved

Take supporting documents to JTKSM or the relevant state labour authority according to where you work.

Evidence: jtksm-faq ↓

Important limitations

45 hours does not automatically guarantee OT pay

Overtime and leave entitlements cannot be decided from a single headline number. Examine the First Schedule, work category, salary and contract together.

Evidence: jtksm-faq ↓

Not one nationwide labour code

JTKSM describes these amendments for Peninsular Malaysia and Labuan. Sabah and Sarawak law must be reviewed separately, including later changes.

Evidence: jtksm-faq ↓

Official evidence and references

Each source supports particular statements above. Some dated reprints are older versions, not evidence of every current amendment.

  1. Jabatan Tenaga Kerja Semenanjung Malaysia · FAQ Pindaan 2022

    Act 265; First Schedule; official working-hours and eligibility explanation

    Open original source ↗