The notice or the indemnity, whoever starts it
Under Employment Act 1955 [Act 265], s.57, either side can end a foreign domestic helper’s employment with 14 days’ notice or by paying 14 days’ wages instead — the same mechanic whether she’s resigning, you’re ending the arrangement, or a fixed-term contract is being wound up early. Immediate termination, with no notice and no indemnity, is only available when her conduct is inconsistent with the contract; it isn’t a shortcut either side can reach for as a default.
This applies in Peninsular Malaysia and Labuan only — Sabah and Sarawak run their own separate labour ordinances. Sarawak has confirmed its own version of the same rule through a 2025 amendment, so the two-week mechanic carries over there. Sabah’s exact equivalent hasn’t been confirmed, and it’s worth checking directly with the relevant department rather than assuming it mirrors the Peninsular figure.
- Resignation — she gives the notice, or the indemnity applies on her side if she doesn’t
- Employer-initiated — you give the same notice, or pay the indemnity instead
- Contract expiry — the fixed term simply runs out, though confirming the date in writing heads off any dispute over exactly when
The Check-Out Memo and the notice to the Director General
Immigration describes the Check-Out Memo as “issued to foreign workers / foreign domestic helpers to facilitate their return to their country of origin.” The documents it asks for, by Immigration’s own listing, are an application form, a copy of her passport, and her return ticket — the dedicated guide to this process covers the full paperwork and sequence; this is only the overview. Once it’s issued, you’re expected to “ensure that the foreign employees return to their country of origin via the requested exit point on the date stipulated in the Check Out Memo.”
Skipping this step doesn’t just delay paperwork. Immigration states plainly that “if the employer fails to apply for the Check Out Memo, the foreign workers are still considered to be under his employment and the employer is still responsible for the foreign workers” — closing the household arrangement doesn’t by itself close your immigration-side responsibility. Separately, s.57B gives you 30 days from the date service actually ends to inform the Director General of Labour, with a fine of up to RM50,000 for missing it (raised from RM10,000 by a 2023 amendment). No official deadline was found for starting the Check-Out Memo process itself — the 30-day notification is the only stated clock here, and it counts from termination, not from the day you decided to end things.
Final wages, and treating the sequence as finished
Final wage settlement is its own checklist, covering what’s owed and how it gets recorded, and it deserves that dedicated page rather than a rough figure repeated here. What matters at this stage is sequencing it properly — settling and recording what’s owed alongside the other three steps, not as a loose end handled whenever it’s convenient.
None of these four pieces substitutes for the others, and the household side ending — the day she moves out or stops working for you — isn’t the day any of them are automatically finished. The notice or indemnity fixes when the employment itself ends; the Check-Out Memo and the Director General notification each run to a different office on their own terms; and the final wages need their own resolution. Treat all four as open until each is actually filed or paid, not just the ones that felt urgent at the time.