Problem solving

Maid Wants to Resign: What Should Employer Do?

What Employment Act 1955 actually says about notice and indemnity once she has told you she wants to leave, and where the paperwork after that decision is covered in full.

The short answer

A stated resignation on its own does not let either side skip notice. Employment Act 1955 [Act 265] s.57 (Peninsular Malaysia and Labuan only) lets either the employer or the domestic employee end the contract by giving the other 14 days’ notice, or by paying or accepting 14 days’ wages as indemnity instead. The immediate, no-notice route only applies where the other party’s conduct is inconsistent with the contract’s terms — an actual breach, not simply someone choosing to leave. Get the date she told you in writing, then decide together which of the two lawful routes you are using.

At a glance

Notice period
14 days, either sideEmployment Act 1955 s.57 (Peninsular Malaysia and Labuan) lets either the employer or the domestic employee end the contract by giving the other 14 days’ notice.
Alternative to notice
14 days’ wages as indemnityEither side can pay or accept 14 days’ wages instead of serving out the notice period — s.57 treats both routes as equally lawful.
Sarawak’s equivalent
14 days, its own Labour OrdinanceSarawak’s Labour Ordinance, amended 1 May 2025, mirrors the same 14-day notice-or-indemnity rule from either side. Sabah’s exact equivalent was not confirmed by any source found.
Separate notification duty
Director General of Labour, 30 daysEmployment Act 1955 s.57B requires informing the Director General of Labour within 30 days of her service ending, for any reason, including resignation — fine up to RM50,000 for missing it.

Get the date down before anything else

Whatever she tells you, and however she tells you, write down the date and what was said, even if it is just a short dated note or message thread. Employment Act 1955 s.57 applies in Peninsular Malaysia and Labuan; Sabah and Sarawak run their own separate labour ordinances, so which rule governs your household depends on where you are.

Sarawak’s Labour Ordinance, amended 1 May 2025, sets an almost identical rule to s.57: 14 days’ notice or 14 days’ wages in lieu, available to either side. Sabah’s exact equivalent was not confirmed by any source found for this guide — worth checking directly with Sabah’s labour department rather than assuming it lines up with the Peninsular or Sarawak figure.

  • A dated written record of what she told you
  • Which state’s rule applies to your household
  • Whether 14 days’ notice or 14 days’ indemnity is the route you are both using

Notice, indemnity, or immediate — which one applies

Section 57 gives two ordinary routes, open to either party: 14 days’ notice, or settling that same amount as an indemnity instead of serving it out. A resignation on its own does not decide which of these applies — it is a choice the two of you settle together, not something either side can dictate unilaterally.

The third route — ending the contract immediately, with no notice and no indemnity — is different. It only opens up where there has been an actual breach: conduct by either side that runs against what the contract requires, not simply a decision to move on. Her resigning is not, by itself, that kind of conduct.

What comes after the notice question is settled

Once you have agreed which route you are using, the practical steps that follow — final wages, documents, the exit process — are covered in full in the dedicated guide on ending employment properly, rather than repeated here. If she is leaving Malaysia, that process also includes a Check-Out Memo with Immigration, covered in its own dedicated guide.

One duty sits outside both of those: Employment Act 1955 s.57B requires you to inform the Director General of Labour within 30 days of her service ending, whatever the reason, including a resignation. Missing that window carries a fine of up to RM50,000, raised from an earlier RM10,000 cap by a 2023 amendment — a separate step from anything Immigration handles.

The rules and figures here follow official Malaysian sources as at the review date, and your own situation can differ. Check what applies to your own case with the Immigration Department of Malaysia for permits and passes, or the Department of Labour Peninsular Malaysia for agency licensing and employment terms, before you act on it.

Questions this page answers

Does she legally need to give notice before resigning?

Yes, in the ordinary case. Employment Act 1955 s.57 (Peninsular Malaysia and Labuan) lets either side end the contract by giving 14 days’ notice, or by paying or accepting 14 days’ wages as indemnity instead — a resignation still runs through one of those two routes.

Can either of us skip the 14 days?

Yes — s.57 treats the indemnity option as equally lawful to serving out the notice period. Which route you use is something to settle together, not something either side can assume.

What if she says she wants to leave immediately, with no notice?

Only if there is an actual breach behind it — conduct that runs against what the contract requires. Simply wanting to resign is not that, so the ordinary 14-day notice or indemnity route in s.57 is still what applies.

Does this 14-day rule apply in Sabah and Sarawak too?

Employment Act 1955 covers Peninsular Malaysia and Labuan only. Sarawak’s own Labour Ordinance, amended 1 May 2025, sets an almost identical 14-day notice-or-indemnity rule. Sabah’s exact equivalent was not confirmed by any source found — check directly rather than assume it matches.

What do I need to do once she has confirmed she is leaving?

The full step-by-step process is covered in the dedicated guide on ending employment properly, and the Check-Out Memo process if she is leaving Malaysia has its own dedicated guide. Separately, Employment Act 1955 s.57B requires notifying the Director General of Labour within 30 days, with a fine of up to RM50,000 for missing it.

Maid Wants to Resign: What Should Employer Do?

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  • What happened
  • Date and time
  • Immediate action taken
  • Relevant document or routine
  • Outcome needed next

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DomesticHelper editorial teamReviewed 14 August 2026Sourced from Malaysian government registriesIndependent of the hiring agenciesEditorial standards
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