Minimum Age to Work in Malaysia – If you are a young person who wants to start working in Malaysia, you might be wondering what is the minimum age to work legally in this country. Or, if you are an employer who wants to hire young workers, you might be curious about the laws and regulations that govern their employment. In this blog post, we will answer these questions and provide some useful information about the employment of children and young persons in Malaysia.
What is the definition of a child and a young person?
According to the Children and Young Persons (Employment) Act 1966 (the Act), which is the main law that regulates the employment of children and young persons in Malaysia, a child is a person who has not completed his 15th year of age, and a young person is a person who, not being a child, has not completed his 18th year of age. This means that the minimum age for employment in Malaysia is generally 14 years, but there are some exceptions and conditions that we will discuss later.
What are the types of employment that children and young persons can engage in?
The Act specifies the types of employment that children and young persons can engage in, depending on their age and the nature of the work. The following table summarizes the main categories of employment that are permitted or prohibited for children and young persons under the Act:
| Category | Description | Children | Young Persons |
|---|---|---|---|
| Hazardous work | Any work that has been classified as hazardous based on the risk assessment conducted by a competent authority on safety and health. | Prohibited | Prohibited |
| Light work | Work performed by a worker while sitting, with moderate movement of the arm, leg and trunk; or while standing, with mostly moderate movement of the arm. | Permitted only in family-run businesses. | Permitted regardless of whether or not it is a family-run business. |
| Public entertainment | Employment in any public performance or exhibition, such as theatre, cinema, concert, circus or advertisement. | Permitted only with a licence granted by the Director General of Labour. | Permitted only with a licence granted by the Director General of Labour. |
| Government-sponsored work | Work approved or sponsored by the Federal Government or any State Government and carried on in any school, training institution or training vessel. | Permitted | Permitted |
| Apprenticeship | Employment as an apprentice under an apprenticeship contract approved by the Director General of Labour. | Permitted | Permitted |
| Domestic service | Employment as a domestic servant in any household. | Prohibited | Permitted |
| Office, shop or factory work | Employment in any office, shop, godown, factory, workshop, store, boarding house or similar establishment. | Prohibited | Permitted |
| Industrial work | Employment in any industrial undertaking suitable to his capacity. | Prohibited | Permitted |
| Vessel work | Employment on any vessel under the personal charge of his parent or guardian. | Prohibited | Permitted |
What are the working hours and rest periods for children and young persons?
The Act also sets out the working hours and rest periods for children and young persons who are employed in Malaysia. The following table summarizes the main rules that apply to their working hours and rest periods:
| Rule | Description | Children | Young Persons |
|---|---|---|---|
| Night work | Work between 8 pm and 7 am (or 6 am for young persons). | Prohibited unless employed in public entertainment with a licence. | Prohibited unless employed in public entertainment with a licence. |
| Consecutive hours of work without rest | Work without at least 30 minutes of rest. | Prohibited for more than 3 consecutive hours of work. | Prohibited for more than 4 consecutive hours of work. |
| Daily hours of work | Work per day. | Prohibited for more than 6 hours per day. | Prohibited for more than 7 hours per day, unless an apprentice under Section 2(2)(d) of the Act, in which case prohibited for more than 8 hours per day. |
What are the penalties for violating the Act?
The Act imposes penalties for anyone who employs a child or a young person contrary to the provisions of the Act, or who fails to comply with any condition imposed by the Director General of Labour under the Act. The penalties are as follows:
| Offence | Penalty |
|---|---|
| First offence | Imprisonment for up to one year or fine not exceeding RM5,000 or both. |
| Second or subsequent offence | Imprisonment for up to three years or fine not exceeding RM10,000 or both. |
In addition, if an offence under the Act has been committed by a body corporate, partnership, society or trade union, any person who is a director, manager, partner or office-bearer of the entity at the time of the commission of the offence shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the entity.
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