Is Your Malaysian Boss Allowed to Text You at 10 PM? Here's What the Law Actually Says.
Employment Act 1955.
Norshafinas Binti Shamsudin
6/4/20262 min read
Many employees have received a message from their employer late at night.
Perhaps it is a request for a report, a clarification on a work issue, or instructions for the following day.
This often leads to the question:
Is it legal for my employer to contact me outside working hours?
The Short Answer
Yes, an employer may contact an employee outside normal working hours.
At present, Malaysia does not have a specific "right to disconnect" law that prohibits employers from sending messages, emails, or making calls after office hours.
However, the legal issue is not the message itself. The real question is whether the employee is being required to perform work beyond the hours permitted by law or the employment contract.
What Does the Employment Act 1955 Say?
Section 60A of the Employment Act 1955 regulates hours of work and overtime for employees covered by the Act.
Generally, an employee should not be required to:
Work more than 5 consecutive hours without a break of at least 30 minutes;
Work more than 8 hours in one day;
Work beyond a spread-over period of 10 hours in one day; and
Work more than 45 hours in one week, subject to the provisions of the Act.
Therefore, if a late-night message results in an employee being required to carry out work beyond normal working hours, overtime provisions may become relevant.
Does Sending a Message Automatically Mean Overtime?
Not necessarily.
A simple message from an employer at 10 PM does not automatically amount to overtime.
However, where an employee is required to actively perform work outside normal working hours, the situation may fall within the scope of overtime depending on the employee's role, contractual terms, and statutory entitlement.
Section 60A(3) of the Employment Act 1955 defines overtime work as work carried out in excess of the employee's normal hours of work.
What About Overtime Pay?
For employees entitled to overtime protection under the Employment Act 1955, overtime on a normal working day is generally payable at a rate of not less than one and a half times the employee's hourly rate of pay.
The Employment (Limitation of Overtime Work) Regulations 1980 also impose a limit of 104 hours of overtime in any one month.
Does This Apply to Every Employee?
Not always.
While the Employment Act 1955 now applies broadly to employees in Malaysia, certain provisions relating to overtime and working hours may not apply in the same way to all categories of employees, particularly depending on the nature of their employment and remuneration structure. Employers and employees should therefore review the specific terms of the employment contract and applicable statutory provisions.
Practical Takeaway
A boss sending a WhatsApp message at 10 PM is not automatically unlawful.
However, if employees are regularly required to perform work outside normal working hours, issues relating to working hours, overtime entitlement, rest periods, and compliance with the Employment Act 1955 may arise.
Each case depends on its own facts, the terms of the employment contract, and the provisions of the law.
Need Advice on Employment Law Matters?
At Asmirul & Associates, we advise both employers and employees on:
• Employment Contracts
• Workplace Disputes
• Constructive Dismissal
• Unfair Dismissal Claims
• Employment Act Compliance
• Industrial Relations Matters