Employment Act · 2026 Revised Edition · Part · Contracts of Service
14. Maximum duration of contracts of service
Official textFrom Attorney General's Chambers, unchanged
The duration which may be stipulated or implied in any contract of service involving a journey from the place of recruitment to the place of employment shall not exceed 2 years if the employee is not
contract of service
“contract of service” means, subject to section 10, any agreement, whether in writing or oral and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve him as an employee, and includes a contract of apprenticeship;
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accompanied by his dependants, or shall not exceed 3 years if the employee is accompanied by his dependants.
employee
“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
The Commissioner may, after consultation with any employers’ and employees’ organisations and representatives of the interests concerned, exempt from the application of this section contracts of service entered into between employers and literate employees whose freedom of choice in employment is in the opinion of the Commissioner satisfactorily safeguarded.
Commissioner
“Commissioner” means the Commissioner of Labour appointed under section 3(1);
The exemption under subsection (2) may apply generally, or to employees in any specified industry or undertaking or to special groups of employees.
Terms defined in s 2
Commissioner
Defined · s 2“Commissioner” means the Commissioner of Labour appointed under section 3(1);
contract of service
Defined · s 2“contract of service” means, subject to section 10, any agreement, whether in writing or oral and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve him as an employee, and includes a contract of apprenticeship;
employee
Defined · s 2“employee” means a person who has entered into or who works under a contract of service with an employer, and includes a workman and any public officer or employee of the Government included in a category, class or description of such officers or employees declared by the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, to be employees for the purposes of this Act or any Part thereof; but does not include any seaman, domestic worker or any person employed in a managerial, executive or confidential position or any person belonging to any other class of person whom the Minister, with the approval of His Majesty the Sultan and Yang Di-Pertuan, may by notification published in the Gazette, declare not to be employees for the purposes of this Act;
place of employment
Defined · s 2“place of employment” means any place where work is carried on, for or on behalf of an employer, by an employee;
Part
Contracts of Apprenticeship
Part
Payment of Salaries
Part
Principals and Contractors
Part
Truck System
Part
Rest Days, Hours of Work, Holidays and Other Conditions of Service
Part
Health, Accommodation and Medical Care
Part
Part-Time Employees
Part
Employment of Women
Part
Employment of Children and Young Persons
Part
Domestic Workers
Part
Immigrant Employees
Part
Repatriation
Part
Inspection
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Complaints and Inquiries
Part