Amir (not his real name) is an executive in a logistics company. His contract clearly stated that his working hours would be from 9.00 a.m. to 6.00 p.m., Monday to Friday. Yet, reality told another story. Deliveries were delayed, clients called late, and his manager frequently instructed him to stay behind to finish urgent reports. A nine-hour day gradually turned into twelve, sometimes even fifteen. Many nights, Amir left the office at midnight.

Initially, Amir believed his sacrifices would be recognised. He thought the company would compensate him for the hours beyond his normal schedule. But when his payslip arrived, it showed no change—his overtime hours were invisible, his pay stagnant. Each extra hour he had poured into his job was treated as though it had no value.

Frustration weighed heavily on him. At home, his family barely saw him awake. His health suffered, his motivation waned. Sitting alone one late night in the empty office car park, Amir asked himself: Is this fair? Or is this against the law?

What the Law Says

The Employment Act 1955, as amended in 2022, provides clear guidance.

1. Maximum Working Hours
   Section 60A(1) limits normal working hours to 45 hours per week. Any work exceeding this limit constitutes overtime.
2. Overtime Pay
   Section 60A(3) prescribes the minimum overtime rates:
   • 1.5 times the hourly rate on a normal working day;
   • 2 times the hourly rate on a rest day;
   • 3 times the hourly rate on a public holiday.

This means if Amir’s normal hourly rate was RM15, each hour beyond 6.00 p.m. should have earned him at least RM22.50. Six hours of overtime in one night should have added RM135 to his wages.

3. Right to Claim
   Under Section 69, the Director General of Labour has the authority to investigate employee complaints regarding unpaid wages, including overtime. Employers who fail to comply face penalties under Section 100, which provides for fines of up to RM10,000 for each offence.

The Lessons

Amir’s story reflects a struggle faced by many Malaysian employees who fear speaking up. Yet the law is designed precisely to prevent such exploitation.

For Employees:

• Know your rights. Overtime is not voluntary sacrifice—it is a legal entitlement. Keep proper records of your working hours, save emails or messages that show you were instructed to work late, and do not hesitate to bring complaints to the Jabatan Tenaga Kerja (JTK) if your employer fails to pay.
• Understand that silence has a cost. By not claiming what is legally yours, you are not only losing wages but also allowing unfair practices to persist.

For Employers:

• Compliance is not optional. The law does not permit employers to label long hours as “part of the job” without compensation. Ignoring overtime obligations is a breach of statutory duty and exposes the organisation to legal and reputational risks.
• Beyond compliance, fair treatment fosters loyalty. Employees who feel valued and fairly paid are more productive, motivated, and committed. Overworking staff without compensation may lead to burnout, high turnover, and industrial disputes under the Industrial Relations Act 1967.

Conclusion

So, is it fair for Amir to work until midnight and receive no additional pay? The answer under Malaysian labour law is clear: No, it is not fair, and it is not lawful.

The Employment Act 1955 stands as a safeguard to ensure that employees are not exploited and that employers uphold their responsibilities. For employees, the lesson is to be informed and courageous enough to claim what is rightfully theirs. For employers, the lesson is to treat overtime with the seriousness it deserves—not only because the law demands it, but because justice and good practice demand it too.