What is Akta Buruh Waktu Bekerja Seminggu in Malaysia?

As an employer, it’s easy to focus on getting work done.

But it’s also important to know that employees in Malaysia have legal limits on how many hours they can work in a week.

It is included in the Employment Act 1955, also known as Akta Buruh Waktu Bekerja Seminggu.

This law exists to protect employees from being overworked.

It sets clear rules on how many hours they can work each day, each week, and how much rest they must get.

In this guide, we’ll break down how weekly working hours are regulated, what you can and can’t do under the law, and how you can manage your operations without crossing the line.

What is Akta Buruh Waktu Bekerja Seminggu?

The Employment Act 1955, often referred to when discussing Akta Buruh Waktu Bekerja Seminggu, defines how many hours an employee can legally work in a week.

The law applies mainly to employees earning RM2,000/month or less, or those involved in manual labor regardless of salary.

According to the Act:

The maximum working hours per week are 45 hours.
Working time must not exceed 8 hours per day.
Employees must receive one rest day per week.

Break times, such as lunch, are not included in the total working hours.

For example, if your employee works 9 AM to 6 PM with a one-hour lunch break, only 8 hours are considered official working hours.

If your business operates in sectors like retail, hospitality, or manufacturing with longer hours, you need to plan schedules carefully and document hours properly.

Every extra hour beyond 45 hours is considered overtime, which must be compensated accordingly.

Working Hours in Malaysia: Legal Guidelines

In most companies, the standard setup is a 5- or 6-day workweek with a total of no more than 45 hours.

Here's what that looks like in daily terms:

8 hours per day, spread across the week (e.g., 9 AM–6 PM with 1-hour lunch).
Minimum 30-minute break after 5 hours of continuous work.
At least one full rest day in every 7 days.

This legal setup protects employees from burnout while giving businesses a clear structure for scheduling shifts.

Exceptions to Standard Working Hours

Some sectors operate beyond typical 9-to-5 arrangements. Industries like:

Healthcare
Hospitality
Transportation
Security

…often rely on shift work or round-the-clock operations. Even in these cases, the Employment Act still applies unless special exemptions are granted.

For shift-based businesses, it’s your responsibility to:

Structure shifts fairly across a 7-day period.
Respect the 45-hour weekly maximum unless you're paying overtime.
Document schedules and attendance clearly for inspection or audit purposes.

Overtime Work and Payment

Overtime starts when an employee works:

More than 8 hours a day, or
More than 45 hours a week, or
On a rest day or a public holiday.

Overtime payment must follow these rates:

1.5x the hourly wage on normal workdays.
2x the hourly wage on rest days.
3x the hourly wage on public holidays.

Even with overtime, an employee must not work more than 12 hours per day under any circumstances.

You are legally required to record all overtime and pay it promptly within the same payroll cycle.

Penalties for Breaching Working Hour Regulations

Employers who violate working hour laws may face:

Fines by the Department of Labour
Employee complaints and legal action
Investigations or site audits
Loss of credibility or hiring privileges

If your business is found guilty of repeated violations, you could also be barred from hiring foreign workers or expanding your workforce under government quotas.

How to Ensure Compliance with the Working Hours Law

Compliance starts with good planning. Here are some ways to stay on track:

Use time-tracking systems (e.g., biometric clock-ins or timesheets).
Communicate clearly with your employees about their work schedule and rest days.
Keep a record of attendance, shifts, and overtime for every employee.
Review the schedule weekly to avoid accidental overworking.

Simple tools like Excel or automated scheduling software can make a big difference in reducing human error and helping you keep records for audits or disputes.

The Impacts of Akta Buruh Waktu Bekerja Seminggu on Employers

Many employers worry that following these rules will reduce output. But in reality, managing working hours properly helps your business in the long run.

Here’s how:

Higher employee satisfaction leads to lower turnover.
Fewer legal risks and lower chances of being fined.
Healthier employees mean better performance and fewer sick days.
Improved reputation among job seekers who value work-life balance.

When workers feel they are treated fairly, they tend to stay longer and contribute more consistently.

How to Manage Shift Work and Rest Days in Compliance with the Law

Shift-based businesses face unique challenges. Here’s what you can do:

Rotate shifts in a way that gives every employee one rest day per week.
Make sure no single worker ends up with more than 12 hours of work per day, even across shifts.
Keep at least 30 minutes of rest for every 5 hours worked.
Use a system to track weekly hours to avoid crossing the 45-hour limit unintentionally.

Rest days can fall on any day of the week, depending on your operation needs, but they must be clearly communicated and respected.

Frequently Asked Questions (FAQ)

How many hours can an employee work per week in Malaysia?

An employee should not work more than 45 hours per week, excluding overtime.

Can an employer ask an employee to work more than 8 hours a day?

Yes, but the total working hours, including overtime, should not exceed 12 hours a day.

What happens if an employee works overtime without compensation?

The employer may face legal action and penalties for not compensating for overtime work as required by law.

Are there any exemptions to the working hours law?

Certain sectors may have different arrangements, but employers must still comply with the overarching legal requirements.

How should I calculate overtime pay for my employees?

Overtime pay is calculated based on the employee's hourly rate, multiplied by the applicable rate (1.5, 2, or 3 times) depending on the day the overtime is worked.

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