Permits and rights

A Domestic Helper’s Rights

What the Employment Act gives a domestic employee in Peninsular Malaysia and Labuan — and the surprising list of things it doesn’t.

The short answer

A domestic employee is covered by the Employment Act 1955 [Act 265], but only in Peninsular Malaysia and Labuan — the Act states plainly it applies to Peninsular Malaysia only, extended to Labuan by a 2000 order, never to Sabah or Sarawak. Within that scope, she keeps a weekly rest day and the Act’s wage-deduction protections, and termination runs on a simple 14-day-notice rule under s.57. But the Act’s own First Schedule excludes her from statutory paid public holidays, annual leave, sick leave, paternity leave, and capped working hours — provisions that apply to most other employees under the same Act.

At a glance

Geographic scope
Peninsular Malaysia + Labuan onlyThe Act states this directly in s.1(2); Sabah and Sarawak run their own separate labour ordinances instead.
Termination rule
14 days’ notice or wages in lieu (s.57)Either side can end the contract immediately without notice or payment if the other party’s conduct breaches the contract’s terms.
Separate hiring duty
Report hiring within 30 days (s.57A)A mirror to the already-known s.57B termination-notification duty — this one applies at the start of employment, not the end.
Excluded by the First Schedule
Paid holidays, annual/sick/paternity leave, hours capThese statutory protections, which apply to most other employees under the Act, do not extend to a domestic employee.

What the Act covers, region by region

The Employment Act’s own opening section is unambiguous: it applies to Peninsular Malaysia only, with one stated extension to the Federal Territory of Labuan effective November 2000. No equivalent extension to Sabah or Sarawak exists in the text. Those two states run their own separate labour ordinances instead, with their own rules on rest day, termination, and reporting duties — worth checking directly rather than assuming Peninsular figures apply everywhere.

Within Peninsular Malaysia and Labuan, a domestic employee is covered by the Act as an "employee," but Part XI — the three sections specifically about domestic employees — is short, and most of what governs her day-to-day protections sits elsewhere in the Act, filtered through a specific exclusion list covered below.

The two 30-day notification duties, and the base termination rule

Beyond the already-documented s.57B (notify the Director General of Labour within 30 days when her service ends), s.57A sets a mirror-image duty at the start of employment: an employer must inform the Director General within 30 days of hiring her, in whatever manner the Director General determines. Both carry the same fine of up to RM50,000 for non-compliance. The Act’s own amendment-history table suggests s.57A was newly added by the 2022 amendment while s.57B is older and only had its penalty raised then — worth treating as a secondary detail to confirm against the amendment gazette directly, since the table itself was harder to extract cleanly than the operative section text.

The base termination rule itself, s.57, is simpler than the general employee notice scale: either side can end the contract with 14 days’ notice, or by paying an indemnity equal to 14 days’ wages instead of giving notice. Either side can also end it immediately, with no notice and no payment, if the other party’s conduct is inconsistent with the contract’s own terms.

What she doesn’t get — and why this is worth stating plainly

The Act’s First Schedule lists a specific set of sections that don’t apply to a domestic employee, and the list is longer than most people expect: no statutory paid public holidays, no annual leave, no sick leave, no paternity leave, and no capped working hours or night-work rules under the Act — all provisions that apply to most other employees covered by the same law. The formal misconduct/inquiry dismissal procedure other employees get also doesn’t apply; s.57’s own conduct-based termination clause is the mechanism instead, without a stated inquiry requirement.

What does remain, alongside the rest day and s.57 termination rule, is the Act’s wage-deduction framework — covered in the dedicated guide on what an employer can and can’t lawfully deduct from her pay.

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 the Employment Act apply to a domestic helper in Sabah or Sarawak?

No — the Act states it applies to Peninsular Malaysia only, extended to Labuan. Sabah and Sarawak have their own separate labour ordinances instead.

Does a domestic employee get paid annual leave or sick leave under the Act?

No — the Act’s First Schedule specifically excludes domestic employees from these provisions, along with paid public holidays, paternity leave, and capped working hours.

What’s the termination notice rule for a domestic employee?

14 days’ notice from either side, or payment of 14 days’ wages instead of notice, under s.57 — simpler than the general employee notice scale, and either side can end it immediately without notice for conduct that breaches the contract.

Is there a duty to report hiring her, not just when she leaves?

Yes — s.57A requires informing the Director General of Labour within 30 days of hiring her, separate from the already-known s.57B duty when her service ends. The Act’s own history table suggests s.57A dates to a 2022 amendment, though that specific detail is worth confirming directly.

Does she get the formal misconduct-inquiry process other employees get before dismissal?

No — that procedure is one of the sections the First Schedule excludes for a domestic employee. Termination instead runs on s.57’s simpler notice/conduct-based rule.

Domestic Helper Rights Malaysia

Prepare a useful first enquiry

Add a few key facts about your household and the question you want answered, so the reply is useful.

  • General location
  • Who needs support
  • Three priority duties
  • Preferred timing
  • The first question to resolve

This opens a WhatsApp draft to the DomesticHelper enquiry team, who help connect you with a maid-hiring service. Nothing is sent until you press send, and you can edit it first.

Open WhatsApp draft
DomesticHelper editorial teamReviewed 14 August 2026Sourced from Malaysian government registriesIndependent of the hiring agenciesEditorial standards
Enquire on WhatsApp