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It's 6.25pm, and you're ready to end your shift when your boss texts, "I need this report completed by 10pm."
What is your response?
Do you say yes out of habit? Ignore it and risk looking uncooperative? Or ask questions and potentially come across as "difficult" to your superiors?
The truth is, your answer depends on two things: what the law says, and what your contract says.
Start by checking whether overtime rules actually apply to you
Under Malaysia's Employment Act 1955, all employees are covered, but overtime pay entitlements mainly apply to those earning RM4,000 and below, or those in manual roles.
If you fall within this category, your employer must follow strict rules on working hours and overtime pay.
If you earn above RM4,000, overtime compensation isn't automatically guaranteed. Your entitlement depends on your employment contract, which may still require "reasonable overtime".
Generally, working overtime requires your consent
Even if overtime is allowed, employers can't request it without boundaries. Here's what's allowed legally:
- Up to eight hours a day, 45 hours a week
- Overtime capped at 104 hours per month
- Anything beyond that needs Labour Department approval
More importantly, overtime generally requires your consent, unless your contract already includes it.
So, a same-day request to work until 10pm may not automatically be enforceable, especially if it wasn't previously agreed upon.
If you agree to overtime, your employer must follow proper overtime pay rates
For employees covered under the Act, overtime pay is calculated based on your hourly rate:
- 1.5x hourly rate for extra hours on normal working days
- 2x hourly rate on rest days
- 3x hourly rate on public holidays
Alternatively, some companies offer replacement time off or have different ways of compensating for overtime work, but this must be mutually agreed upon.
So the real question regarding OT is whether it happens to you occasionally or way too often
A one-off request to finish urgent work is generally acceptable and often expected in many roles, while some industries are even famous for having overtime hours due to the nature of work involved (advertising, media, accounting, healthcare, entertainment, F&B, retail, etc).
However, if your boss regularly asks you to stay back late or respond after hours beyond what seems reasonable, that may go against labour standards.
This is why you should keep track of when OT requests are made, what sort of work is assigned, and whether or not you are paid for overtime work.
If you really need to push back on overtime work, there are ways to do it clearly and professionally
Instead of rejecting outright, anchor your reply in timelines:
- "I'll complete this first thing tomorrow morning."
- "I'm unavailable tonight, but I can deliver by 10am."
- "Can we schedule this within working hours?"
If needed, you can also refer back to your contract or working hour limits to support your position.
And if these overtime requests start to become problematic for you, there are formal steps you can take
STEP 1: Raise the issue with HR.
STEP 2: File a complaint with Jabatan Tenaga Kerja (JTK).
STEP 3: Escalate to the Industrial Court if unresolved.
Employers who breach labour laws can face fines of up to RM10,000.
