ARE YOU WORKING MORE THAN 45 HOURS A WEEK?

Written by: Izz Murtada

“Its’s just an extra 30 minutes.”

Then another 30 minutes tomorrow. And you just keep on continuing for an extra 30 minutes for the rest of the week. Before you know it, those small extensions have become hours of additional work every week. That’s when you ask yourself, “when does a normal workday become excessive?” In this article we will discuss about what Malaysia employment law actually says about it.

 

• What Are Legal Working Hours?

 

Under Section 60A(1) of the Employment Act 1955, an employee generally cannot be required to work: 

• More than 8 hours in one day
• More than 45 hours in one week
• More than 5 consecutive hours without at least 30 minutes of leisure
• Beyond a 10-hour extended period in one day.

That said, the rules aren’t completely rigid. If you work shorter shifts on some days, your employer can schedule you for more than 8 hours on others, capped at 9 hours daily and 45 hours across the week. So, a 45-hour workweek doesn’t mean you’re automatically clocking 9 hours a day, it really depends on what’s agreed upon in your work schedule and contract. 

 

• What About Break Time?

 

One of the common misconceptions is that every hour spent at the workplace automatically counts as working time.

The Act defines “hours of work” as the period when an employee is at the employer’s disposal and is not free to use their own time and movements. Under Section 60A, employees generally cannot work for more than 5 consecutive hours without at least 30 minutes of leisure. For certain jobs that require continuous attendance, an employee may work up to 8 consecutive hours, provided they have opportunities for meals totalling at least 45 minutes. 

This distinction is important because working hours and break periods are not necessarily treated in the same way. The Act provides that employers cannot require or permit employees to work overtime beyond the limit prescribed by regulations, subject to certain exceptions and permissions.

There is also a general rule that, except in specified circumstances, an employer cannot require an employee to work more than 12 hours in one day.

 

• What Counts as Overtime?

 

This is where things get interesting.

Under Section 60A(3), overtime means the number of hours worked in excess of the employee’s normal hours of work per day. The Act defines normal hours of work as the usual daily working hours agreed between the employer and employee in the contract of service, subject to the statutory limits.

For example, if your normal working hours are:

8:30 AM – 5:30 PM
with a 1-hour break
= 8 hours of work

If you are required to continue working after your normal working hours, those additional hours may constitute overtime. For employees covered by the statutory overtime provision, overtime work must be paid at not less than 1.5 times the employee’s hourly rate of pay. The Act also states that if work continues beyond the 10-hour spread-over period, the period from the end of that spread-over period until the employee stops work is deemed to be overtime.

 

So, Are you Working Too Much?

 

The next time you look at your work schedule, don’t just look at your clock-in and clock-out times.

Ask yourself:

How many hours am I actually working?
Am I receiving the required breaks?
How many days am I working each week?
Am I regularly staying beyond my normal working hours?
Is that additional time being treated as overtime?

Understanding working-hour requirements isn’t just about employees knowing their rights. For employers, it is also about creating compliant working arrangements, maintaining proper records and preventing HR issues before they become bigger problems.

For businesses, understanding these requirements is only the first step. Kita Strategies helps organisations look at how these requirements are applied in practice, from reviewing working arrangements and HR processes to identifying areas that may need improvement. The goal is to create HR practices that are clear, compliant, and sustainable for both employers and employees.