Foreign Worker Rights in Malaysia 2026: Wages, Hours, Leave, Passport and Complaints

Worker Guide · Part 5 Updated November 2026

Your Rights as a Foreign Worker in Malaysia

Minimum wage, working hours, overtime, leave, keeping your own passport and where to complain if your employer breaks the rules.

 

The Short Answer

Foreign workers in Malaysia are covered by the same labour law as Malaysians. The Employment Act 1955 has applied to every employee with a contract of service since 1 January 2023, whatever the wage. Your employer cannot pay you less, work you longer or treat you worse only because you are a foreigner.

This guide lists the rights you are most likely to need. Keep a copy of your contract, your payslips and your attendance record. They are the proof you need if you ever have to complain.

Your Wages

• Minimum wage: RM1,700 a month, and it applies to foreign workers too. This is true even if you agreed to a lower wage in your contract. The Budget 2027 announcement raises it to RM2,000 from June 2027. Companies with annual sales below RM50 million are exempted from that increase. Check how the new order treats foreign workers when it is published.
• On time: your wages are due within seven days after the end of the month (Section 19 of the Employment Act). Late payment is one of the complaints the Labour Department takes.
• A copy of your contract and payslips: you can complain if your employer does not give you a copy of your employment contract or your salary statement.
• No illegal deductions: only the deductions allowed by law can come out of your pay. Your EPF share and SOCSO are allowed. The levy for your work permit is not. It is the employer's cost, as explained in Part 1. Your employer also cannot take their own EPF share from your salary (see our 2026 deduction rates).

To see what should come out of your pay each month, use our EPF, SOCSO and EIS calculator.

Working Hours and Overtime

• Maximum 45 hours a week, and no more than 8 hours a day under the normal rules. You get at least a 30-minute break after 5 hours of continuous work.
• At least one rest day every week.
• Overtime pay: 1.5 times your hourly rate on a normal working day, 2 times on a rest day and 3 times on a public holiday.

The overtime rates apply to employees who earn RM4,000 a month or less, and to manual workers whatever they earn. That covers almost every foreign worker on a work permit.

Leave

Your service with the employer	Annual leave	Paid sick leave
Less than 2 years	8 days	14 days
2 to under 5 years	12 days	18 days
5 years or more	16 days	22 days

• Hospital stay: up to 60 days of paid leave on top of the sick leave above, if a doctor admits you to hospital.
• Public holidays: 11 paid public holidays a year, including National Day, Workers' Day and Malaysia Day.
• Sick leave needs a certificate from a doctor, including a clinic or a company-approved doctor. Keep the original.
• Women workers: 98 days of maternity leave.

Your Passport Belongs to You

An employer may hold your passport only for a specific reason, such as renewing your permit, and must give it back. Keeping it for no reason breaks Section 12(1)(f) of the Passports Act 1966. Lawyers have also warned that it limits your freedom of movement and makes it harder to seek help if something goes wrong.

• Keep a photo of your passport and work permit on your phone, and give a copy to someone you trust.
• If your employer needs your passport for a renewal, ask when you will get it back, and ask for it in writing.
• If your passport is held for no reason, ask politely for it first. If the employer refuses, complain to the Labour Department (see below).

Forced labour is also against the law. The Employment Act punishes it with a fine, up to two years in prison, or both.

Housing Provided by Your Employer

If your employer provides your accommodation, it must meet the minimum standards in the Workers' Minimum Standards of Housing and Amenities Act 1990. Inspectors have charged employers for missing mattresses, too little cooking space and overcrowded rooms. If your accommodation is unsafe or overcrowded, you can report it to the Labour Department.

What You Must Still Follow

Your rights do not remove your own duties. Your work permit is tied to one employer and one job sector, so you cannot change employer without official approval. Leaving your job without notice ("absconding") gets you blacklisted, and your employer must report it to the authorities. If you have a serious problem, make a complaint first. Do not just leave. Part 1 explains the permit rules.

Where to Complain

Labour complaints go to the Department of Labour (JTKSM) in Peninsular Malaysia, run by the Ministry of Human Resources. In Sabah and Sarawak, ask for the state labour department. In Peninsular Malaysia you can use any of these:

• Phone: 03-8000 8000
• Email: jtksm@mohr.gov.my
• The Working for Workers (WFW) app: free on Google Play and the App Store. You register with your passport number, and the ministry says your identity is kept confidential. It is open to local and foreign workers.
• In person: at your nearest Labour Department office.

The problems you can report include:

• late or unpaid wages
• pay below the minimum wage
• illegal salary deductions
• no overtime, rest day, public holiday or sick leave pay
• no copy of your employment contract or salary statement
• being dismissed without notice
• accommodation that breaks the housing law

What to bring or attach: your full details, your employer's details, a short description of the problem, and copies of your contract or offer letter and your latest payslips. If your employer has not paid SOCSO for you, you can also contact PERKESO (see Part 4). If you need help, your embassy or high commission in Malaysia can advise you too.

Frequently Asked Questions

Yes. The RM1,700 minimum wage covers foreign workers in the private sector, except domestic workers. It cannot be lowered by agreement. The planned rise to RM2,000 starts in June 2027.

Only for a specific reason, such as renewing your permit, and it must be returned. Holding it without a lawful reason is an offence under Section 12(1)(f) of the Passports Act 1966.

Yes. For employees earning RM4,000 a month or less, overtime is paid at 1.5 times on a working day, 2 times on a rest day and 3 times on a public holiday.

No. The levy is the employer's cost and cannot be deducted from your wages. If it is, report it to the Labour Department.

The ministry says the Working for Workers app keeps your identity confidential. Being dismissed without notice is itself something you can report. Make your complaint while you are still employed, keep proof of what happened and the dates, and do not leave your job without notice.

← Previous: Part 4

SOCSO (PERKESO) for Foreign Workers

Last checked 13 November 2026. This guide is for general information only and is not legal advice. Spicy Blogging is not connected with the Ministry of Human Resources or the Department of Labour. Laws and rates change, so confirm your own case with the Labour Department.

Sources

• JTKSM: How to lodge a labour complaint
• JTKSM: Complaints, the issues you can report
• Minimum wage of RM1,700 also applies to foreign workers (FMT, October 2024)
• Budget 2027: Minimum wage to rise to RM2,000 from June 2027 (The Star, October 2026)
• Employment Act amendments 2022: 45-hour week, overtime and forced labour (SQL Payroll)
• Leave entitlements under the Employment Act (Payroll Panda)
• Illegal for employers to retain staff passports (The Sun, September 2023)
• Labour complaints online via Working for Workers (AJobThing, May 2021)
• Employers reminded to comply with foreign worker accommodation laws (Human Resources Online)

Ishtiaq Ahmad on November 14, 2026