Employment Act · 2026 Revised Edition · Part · Rest Days, Hours of Work, Holidays and Other Conditions of Service
67. Shift workers etc.
In plain English
Not legal advice
A regular shift worker, or an employee who agrees in writing, may work longer hours, but the average over any continuous period of 3 weeks cannot exceed 44 hours per week. The agreement is valid only after the rules, working times and weekly rest day are explained. Such an employee cannot work over 12 hours in any one day.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding section 65(1), an employee who is engaged under his contract of service in regular shift work or who has otherwise consented in writing to work in accordance with the hours of work specified in this section, may be required to work for more than 6 consecutive hours, for more than 8 hours in any one day or for more than 44 hours in any one week, but the average number of hours worked over any continuous period of 3 weeks shall not exceed 44 hours per week.
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;
No consent given by an employee under this section is valid unless —
this section and section 65 have been explained to him; and
he has been informed of —
the times at which the hours of work begin and end;
the number of working days in each week; and
the weekly rest day.
An employee to whom this section applies shall not be permitted to work for more than 12 hours in any one day.
Section 65(4) does not apply to any employee to whom this section applies, but any such employee who, at the request of his employer, works for more than an average of 44 hours per week over any continuous period of 3 weeks, shall be paid for such extra work in accordance with section 65(4).
employer
“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are 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; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
Employment
Terms defined in this Act
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;
employer
Defined · s 2“employer” means any person who employs another person under a contract of service and includes — (a) the Government, in respect of such categories, classes or descriptions of public officers or employees of the Government as are 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; (b) any statutory body; (c) the duly authorised agent or manager of the employer; (d) the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;
hours of work
Defined · s 2“hours of work” means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements, exclusive of any intervals allowed for rest and meals;
shift work
Defined · s 2“shift work” means work which by reason of its nature requires to be carried on continuously by two or more shifts;
week
Defined · s 68“week” means a continuous period of 7 days commencing at midnight on Sunday.
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