Peninsular Malaysia & Labuan · Employment Act 1955 · s.19: 7 days after the wage period
Salary not paid by your employer? — demand letter ready, 7-day deadline counted
Short answer. Your letter to the employer is open below: fill in the months and amounts. Normal wages: Not later than the 7th day after the last day of the wage period (Employment Act 1955, s.19(1)).
- Last day for the employer to pay your wages for that period (7 days): type the date
- If you instead entered the date your employer told you of a decision under s.14 (dismissal for misconduct, downgrade or suspension without pay): last day to complain to the Director General of Labour (60 days): type the date
Check your own case.
Section 19(1): wages must be paid not later than the seventh day after the last day of any wage period; we add 7 calendar days. Overtime, rest-day and public-holiday pay is due by the last day of the next wage period (s.19(2)). If no wage period is agreed, it is one month (s.18(2)). The 60-day line is from the proviso to s.69(3). Weekends differ by state (Friday–Saturday in Kedah, Kelantan and Terengganu); the calculator does not move dates for weekends or public holidays.
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Lida, Layers template assistant
Enter the last day of the month you were not paid for, and I will show you the date your salary became late.
Write the amounts month by month. That table is what the labour officer will ask you for.
An illustrated character, not a lawyer.
Deadlines
The rules, with the source
| What | Deadline | Source |
|---|---|---|
| Normal wages | Not later than the 7th day after the last day of the wage period | Employment Act 1955, s.19(1) |
| Overtime, rest day and public holiday work | Not later than the last day of the next wage period | Employment Act 1955, s.19(2) |
| Wage period | Not more than one month; one month if the contract says nothing | Employment Act 1955, s.18 |
| Job ended with notice | Unpaid wages due on the day the contract ends | Employment Act 1955, s.20 |
| Claim to the Labour Department | Director General of Labour may inquire and order payment, no upper limit on the amount | Employment Act 1955, s.69(1) |
| Challenge a s.14 decision (misconduct dismissal, downgrade, suspension) | Complaint within 60 days of being told of the decision | Employment Act 1955, s.69(3), proviso |
The Employment Act 1955 applies to Peninsular Malaysia and the Federal Territory of Labuan. Sabah and Sarawak have their own labour ordinances.
Step by step
What to do, in order
1
Check your wage period
Monthly? Then the 7 days start after the last day of the month.
2
List what is owed
Month by month, plus overtime, rest-day work and any deductions you did not agree to.
3
Collect proof
Contract or offer letter, payslips, bank statements, timesheets, messages.
4
Send the letter
By e-mail or by hand with a signed receipt. Keep a copy.
5
Give a short deadline
For example 7 days. Keep working records while you wait.
6
File a claim
Not paid by your deadline: file a claim with the Labour Department under s.69.
Questions
When is my salary late?
From the 8th day after the end of your wage period. For a calendar-month salary, September's wages must be paid by 7 October.
Does this apply to foreign workers and domestic workers?
The Act covers any person with a contract of service in Peninsular Malaysia and Labuan, and the payment deadline in s.19 also applies to domestic employees. Sabah and Sarawak have their own laws.
Will the letter make my employer pay?
Not by itself. It records the debt and the date. If it is ignored, the claim to the Labour Department is the next step.
Official sources
Other documents
Keep the papers in one place
Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.
This is a ready document and a deadline calculation, not legal advice.