Guide: The payroll process and compliance regulations in Malaysia
With Malaysia’s strategic location, market competitiveness, skilled multilingual talent pool, and world-class technology capabilities, it’s easy to see why so many companies choose to establish operations there. If your company is considering expanding into Malaysia, one of the keys to success is to understand the payroll process and compliance regulations from the outset. The last thing you want is for your newly established operation to attract the wrong kind of attention from government auditors.
That’s why we’ve prepared a helpful guide to the payroll process and compliance regulations your company needs to know when starting out in Malaysia.
Payroll process and compliance essentials in Malaysia
Before we examine some common payroll compliance challenges in Malaysia, it’s useful to understand the essentials of the payroll process and the main compliance considerations. Let’s start with a primer on the fundamentals of payroll.
Working conditions and wages
- Working hours: Malaysia has an eight-hour workday with an average working week of no longer than 48 hours, and (most commonly) one day off per week. Government protection provisions prevent women from working in the industrial or agricultural sectors between the hours of 10 pm and 5 am. Women must also have at least 11 consecutive hours off work between each shift.
- Pay cycles: salaries in Malaysia are typically paid monthly.
- Minimum wages: Nationally, the minimum wage is RM1,100, except for areas under 56 city and municipal councils where the minimum wage is RM1,200. Our team of payroll experts here at BoardRoom can advise you on the relevant government guidelines that apply to your employees.
- Overtime, rest day and holiday pay rates: Employees covered by the Employment Act 1955 (“EA 1955”) should be paid overtime at 1.5 times their hourly pay rate. Rest days are paid at two times, and public holidays at three times the hourly pay rate. However, the EA 1955 only applies to:
- employees whose monthly salary does not exceed RM2,000;
- employees within the private sector;
- employees working in Peninsular Malaysia or the Federal Territory of Labuan; and
- employees (irrespective of salary) involved in manual labour, operating or driving transport vehicles and domestic servants.
For non-EA 1955 employees, employers can stipulate relevant provisions relating to overtime rates within their employment contracts.
Income tax
- Withholding tax: Malaysia has a monthly tax deduction (MTD) system requiring employers to deduct withholding tax at source. Each month, employers must then send this tax to the Inland Revenue Board (IRB) of Malaysia on behalf of their employees.
- Income tax rates: The maximum income tax rate in Malaysia is 30%, which applies to those with incomes greater than MYR 2,000,000 or ‘non-residents’. Employees who work between 60 and182 days per year in Malaysia are considered ‘non-residents’, irrespective of their actual citizenship status.
- Tax clearing and tax filing: Employees must complete their tax clearing and filing at year-end before April. The financial year in Malaysia runs from 1 January to 31 December.

Holidays and leave
- Paid public holidays: Employees are entitled to be paid for 11 gazetted public holidays per year. Of these 11 days, five must be:
1. Hari Kebangsaan or National Day;
2. Birthday of Yang di-Pertuan Agong;
3. Birthday of the Ruler or Yang di-Pertua Negeri or Federal Territory day (varies per state);
4. Labour Day; and
5. Malaysia Day (16 September).
The remaining six paid public holidays are chosen at the discretion of the employer from the following list, and these must be communicated to employees either via written notice or as stated in their employment contracts:
- Birthday of the Prophet Muhammad (s.a.w);
- Chinese New Year (2 days, except 1 day in the states of Terengganu and Kelantan);
- Vesak Day;
- Hari Raya Puasa (2 days);
- Hari Raya Haji (1 day, except 2 days in the states of Terengganu and Kelantan);
- Deepavali;
- Christmas Day; and
- Awal Muharam.
However, the government can declare additional ad hoc, paid public holidays throughout the year. If these days are declared at short notice, employers can nominate a replacement day during the payroll process.
In addition, there are a number of state-based holidays observed around the country. However, employers are not required to pay employees for these holidays unless they have selected them to be included in their list of paid public holidays for their employees.
- Compulsory annual leave entitlements: Employees are typically entitled to between 8-16 days of paid annual leave, depending on their length of service with the company.
- Compulsory sick leave entitlements: Employees are entitled to between 14-22 days of paid sick leave, depending on their length of service with the company.
- Compulsory maternity leave entitlements: New mothers are entitled to 60 consecutive days of paid leave for each of their first five children.
- Optional leave entitlements: Employees can also apply for the following optional leave types, which are typically unpaid and subject to employer approval:
- compassionate/bereavement leave;
- marriage leave; and
- study leave.
- Paternity leave: Most employers also offer 1-3 days of paid paternity leave, but this is not a statutory requirement.
Social security and statutory contributions
- Employees’ Provident Fund (EPF): Employers and most employees (Malaysian citizens or permanent residents only) must contribute to the EPF retirement benefits scheme. The EPF contribution rate for employees varies depending on their monthly salary, whereas the employer contribution is 12%.
- Social Security Organisation (SOCSO): Employers must contribute to Malaysia’s mandatory social insurance schemes, which are administered by SOCSO. There are two schemes:
- The Employment Injury Insurance Scheme (EIIS) provides cover for employees who experience work-related injuries or diseases. The EIIS applies to all Malaysian citizens, permanent residents, and foreign workers (excluding domestic servants).
- The Invalidity Pension Schemes (IPS) provide coverage for employees who experience invalidity or die from causes unrelated to their work.
Employers must make a monthly contribution to SOCSO on behalf of each eligible employee.
- Employment Insurance Scheme (EIS): Employers are required to make monthly contributions for each employee. The EIS provides financial assistance to workers who have lost their job while they seek new employment.
- Human Resources Development Fund (HRDF) Levy: This is a compulsory levy paid by employers with 10 or more employees (Malaysian citizens only) working in the manufacturing, services, mining and quarrying sectors. The levy rate is 1% of each eligible employee’s monthly wage. It allows companies registered with the HRDF to receive financial assistance when they participate in specific training and upskilling programs delivered by HRDF training providers.
- Other contributions>: Some employees may also be required to make student loan repayments to the National Higher Education Fund Corporation, or make donations known as Zakat to fulfil their religious obligations.

Payroll Process and Compliance in Malaysia: Key Considerations and Best Practices
Payroll errors can result in your company needing to pay expensive fines. They can also cause reputational damage and employee dissatisfaction. To help you avoid unpleasant situations, here are some common compliance issues to be aware of during the payroll process in Malaysia:
- Late MTD payments: The Inland Revenue Board (IRB) imposes a penalty of 10% on the outstanding unpaid amount if employers fail to pay monthly employee income tax withholdings by the 15th of each month.
- Failing to include perquisites, benefits-in-kind, or equity incentives in compensation reporting: Sometimes, these benefits are not paid through payroll, which means they can be easily overlooked in compensation reporting.
- Incorrect classification of employees: Foreign workers, non-residents, and secondees are often classified incorrectly during payroll data system entry. As a result, your company might underpay these employees and deduct the wrong income tax amounts.
- Incomplete Documentations: During tax and audit filing, it’s crucial to submit complete employee records for processing, as employers must maintain a payroll record of each employee for at least seven
- Failing to stay up-to-date with regulation changes impacting payroll: In Malaysia, four regulatory bodies influence payroll processing rules: the Inland Revenue Board of Malaysia (IRBM), Employees’ Provident Fund (EPF), Social Security Organisation (SOCSO), and Employment Insurance System (EIS, under SOCSO). This makes it more of a challenge to stay up-to-date with payroll requirements. Since payroll compliance involves frequent regulatory updates with multiple regulatory bodies, staying updated with regulation changes can be challenging for employers.
- Inaccurate Tax Calculations: Lack of knowledge and thorough checking can lead to inaccurate calculations of the EPF, SOCSO, and income tax, which may result in fines of up to MYR 10,000.
- Overlooking cultural norms: It’s common in Malaysian payroll processing to include ‘13th-month pay’ – a single annual payment on top of an employee’s total annual wage. This payment isn’t mandatory and would not be considered non-compliance if you did not adhere to it, but it is the cultural norm that could impact employee satisfaction.
Payroll Processing for Foreign vs. Local Employees
When processing payroll for foreign employees in Malaysia, companies must pay close attention to specific regulatory requirements that differ from those for local employees. Although many payroll processes are the same, key differences include:
- SOCSO Registration: Foreign workers must be registered under the Employment Injury Insurance Scheme (EIIS) provided by SOCSO, unlike local employees who may also be covered under the Invalidity Pension Scheme (IPS).
- Documentation: Employers must integrate foreign employees’ passport and work permit details into the payroll system for accurate record-keeping.
- Tax Rates: Foreign employees (non-residents) may be subject to different income tax rates compared to Malaysian citizens or permanent residents. Non-residents working for 60-182 days in Malaysia are taxed at a higher rate.
Official Resources and Guidelines for Payroll Compliance
To ensure smooth payroll processing and compliance with Malaysian regulations, businesses can refer to official resources provided by key government bodies:
- Inland Revenue Board of Malaysia (IRBM): The IRBM offers comprehensive guidelines on the Monthly Tax Deduction (MTD) system and employee income tax requirements, available on their official website. These guidelines help employers stay up-to-date on tax obligations and payroll procedures.
- Employees’ Provident Fund (EPF): The EPF website outlines the mandatory contribution rates for both employers and employees, helping businesses make accurate contributions towards retirement benefits.
Best Practices for Managing Employee Benefits and Compensation in Malaysia
To attract and retain top talent, employers should consider implementing competitive compensation packages and benefits in line with local practices:
- Allowances: Providing allowances for housing, transportation, or meals is common in Malaysia, and can significantly enhance the overall compensation package.
- Incentives: Offering performance-based incentives, such as bonuses or employee stock ownership plans (ESOPs), can motivate employees to perform at their best.
- Health and Retirement Plans: Regularly reviewing benefits to include comprehensive health insurance, retirement savings plans (such as EPF contributions), and flexible work arrangements will improve employee satisfaction and loyalty.

Want expert help in processing your company’s payroll in Malaysia?
Our team of payroll experts can guide you through the complexities of the payroll process in Malaysia to help make your business expansion more successful. We can set up your company’s payroll so that you get it right the first time, every time.
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Speak to our team of payroll specialists in Malaysia today about how outsourcing payroll can free up your time to focus on what really matters: your company’s growth and profitability.