The Story

Azman had worked as a warehouse supervisor for five years. His official hours were 9 a.m. to 6 p.m., but he was often asked to stay back late. At first, he agreed—he understood that urgent shipments sometimes required extra hours. But over time, “extra” became the norm.

One Friday evening, just as he was about to leave for his daughter’s school concert, his manager ordered: “You must stay back until midnight. We have a big consignment. No excuses.”

Azman hesitated. He had already worked five consecutive late nights that week. He was exhausted and his family was upset. But his manager warned him: “If you refuse, it will be noted in your record.”

Azman wondered: Do I have the right to say no to forced overtime? Or must I accept whatever is demanded, regardless of health or family commitments?

The Law

The Employment Act 1955 (Act 265, as amended 2022) is the main law governing working hours and overtime in Malaysia.

1. Normal Hours of Work

• Section 60A(1): Employees cannot be required to work more than 45 hours per week (reduced from 48 after 2022 amendments).
• This excludes breaks and rest days.

2. Overtime

• Section 60A(3): Overtime must be paid at:
  • 1.5 times hourly rate on ordinary workdays,
  • 2 times on rest days,
  • 3 times on public holidays.

3. Maximum Hours Including Overtime

• Section 60A(1)(a): Employees cannot be required to work more than 12 hours a day.
• Section 60A(1)(b): Employees cannot be required to work more than 104 hours of overtime in any month.

4. Right to Refuse Unlawful Overtime

• If an employer forces an employee to exceed these limits (e.g., more than 12 hours in a day or more than 104 hours in a month), the employee has the right to refuse.
• Forcing beyond these limits is a breach of the Act and employers can be penalised under Section 100.

5. Occupational Safety and Health Act 1994 (OSHA)

• Section 15 requires employers to ensure employees’ health and safety. Excessive overtime that risks fatigue, stress, or accidents may breach this duty.

6. Managerial Employees

• Certain senior or managerial roles may be excluded from overtime protections if their contracts state so. However, even managers cannot be forced to work beyond safe daily limits.

The Balance Between Employer Needs and Employee Rights

The law recognizes that businesses sometimes need overtime. But it also sets clear boundaries:

• Employers may request overtime within legal limits, provided they pay correctly.
• Employees may refuse if overtime exceeds legal limits, is unsafe, or if the employer refuses to pay.
• Saying “no” to lawful overtime (within limits, with pay) may be seen as insubordination. Saying “no” to unlawful or excessive demands is a protected right.

Industrial Court Perspective

The Industrial Court has considered many disputes on overtime and unfair dismissal. General principles include:

• If overtime is occasional, reasonable, and compensated, refusal without reason may be misconduct.
• If overtime is excessive, constant, or uncompensated, employees may rightfully refuse.
• Terminating an employee for refusing unlawful overtime may be deemed dismissal without just cause or excuse under the Industrial Relations Act 1967.

Lessons

For Employees:

1. Know the limits. You cannot be forced to work beyond 12 hours a day or 104 overtime hours a month.
2. Document everything. Keep records of overtime worked, instructions received, and claims submitted. These are vital if disputes arise.
3. Refuse politely, not defiantly. If you say no, explain that you have already reached the legal maximum or that overtime pay was not agreed.
4. Seek help. If forced, you can lodge a complaint with the Jabatan Tenaga Kerja (JTK).

For Employers:

1. Plan better. If overtime is constant, it signals understaffing or poor planning. Hire more staff or adjust schedules instead of overburdening employees.
2. Respect the law. Forcing staff beyond statutory limits is illegal and risks penalties.
3. Pay fairly. Never expect “free” overtime. Overtime must be compensated according to the Act.
4. Respect work-life balance. Employees are more productive when they are rested and valued.

For HR Practitioners:

1. Draft clear policies. State when overtime may be required, how it will be approved, and how it is paid.
2. Train managers. Supervisors must not abuse authority by forcing constant overtime.
3. Monitor compliance. Track overtime hours to ensure they do not exceed statutory limits.
4. Support staff. Recognise when excessive overtime is harming morale and address root causes.

Conclusion

So, can an employee ever say “no” to forced overtime? The legal answer is: Yes—if the overtime is excessive, unlawful, unsafe, or unpaid.

The Employment Act 1955 protects workers by capping hours and mandating overtime pay. The Occupational Safety and Health Act 1994 reinforces the duty to avoid overwork that endangers health. The Industrial Relations Act 1967 provides recourse if an employee is punished unfairly for asserting these rights.

For employees, the lesson is to understand that while occasional overtime may be expected, they cannot be compelled to sacrifice endlessly. For employers, the lesson is that overtime must be fair, legal, and limited. For HR, the lesson is to manage workloads strategically rather than over-relying on overtime.

Ultimately, dignity at work means not just being paid fairly, but being respected as a human being with limits. Employers may call it “commitment,” but the law calls it what it is: overtime within boundaries. Beyond that, every worker has the right to say “no.”