Notice Period, Resignation & Termination Rules in Malaysia
By SuperJobs Team
Quick Answer: In Malaysia, your notice period is whatever your contract says; if the contract is silent, the Employment Act 1955 sets minimums of 4 weeks (under 2 years' service), 6 weeks (2–5 years) or 8 weeks (5+ years). Either side can end the contract immediately by paying salary in lieu of notice, and employers can only terminate with just cause and excuse — otherwise you may claim unfair dismissal within 60 days.
SuperJobs Insight: Most Malaysian junior roles carry a 1-month notice period, and hiring managers on SuperJobs routinely plan start dates around it — meaning you can interview and accept a new offer before resigning, then serve notice with your next job secured. Browse jobs on SuperJobs →
1. Standard Notice Periods in Malaysia (Employment Act & Beyond)
Your contract governs first. Most Malaysian contracts specify 1 month for junior roles, 2–3 months for managerial ones, and often a shorter 1–2 weeks during probation.
If the contract says nothing, Section 12 of the Employment Act 1955 applies:
| Length of Service | Minimum Notice |
|---|---|
| Less than 2 years | 4 weeks |
| 2 to 5 years | 6 weeks |
| 5 years or more | 8 weeks |
Two rules to remember:
- Notice must be equal for both parties — an employer cannot demand 3 months from you while reserving 2 weeks for itself.
- A contractual notice period shorter than the Section 12 minimum is void for employees covered by the Act; the statutory period applies instead.
Notice starts running from the day it is given, and you remain a full employee — with full salary, leave accrual and duties — until the last day.
2. How to Resign Professionally: Letter Template + Timeline
Resigning well protects your reference and your reputation in Malaysia's surprisingly small professional circles.
Timeline:
- Secure your next offer in writing before resigning.
- Tell your manager face-to-face (or on a call) first, then hand over the letter the same day.
- Submit the written letter — notice is only valid in writing.
- Work your notice properly: document handovers, close out projects, stay professional.
Simple resignation letter template:
Dear [Manager's name],
I am writing to formally resign from my position as [job title] at [company], with my last working day on [date], in accordance with my [X]-month notice period.
Thank you for the opportunities and support during my time here. I am committed to a smooth handover and will complete transition documentation before my final day.
Yours sincerely, [Name]
No need to state reasons in the letter. Keep it short, neutral, and dated — and keep a copy with written acknowledgement of receipt.
3. Buying Out Your Notice Period: How It Works
Under Section 13 of the Employment Act, either party may end the contract without serving notice by paying an indemnity equal to the wages for the unserved notice.
The maths: if your monthly salary is RM3,600 and you leave 1 month into a 2-month notice, you (or your new employer) pay roughly RM3,600 — one month's wages for the unserved month.
Practical points:
- Many Malaysian employers, especially in tech and banking, will buy out a strong candidate's notice — ask during offer negotiation.
- The buy-out is typically calculated on basic salary unless the contract says otherwise.
- Confirm the arrangement and your official last day in writing with HR.
Simply walking out without notice or payment is a breach of contract — the employer can claim the indemnity from you, and it burns the reference.
4. Garden Leave in Malaysia
Garden leave is when you serve your notice at home: still employed, still paid full salary and benefits, but told not to come to work or contact clients.
Employers use it when you're moving to a competitor and they want you away from live deals and confidential data, or when your continued presence could affect team morale or client relationships.
During garden leave you remain bound by your contract — you generally cannot start your new job until the notice period ends, and you must stay contactable. Garden leave must be provided for in the contract or mutually agreed; it is more common in senior, sales and finance roles than in fresh-grad positions.
5. Employer's Right to Terminate: With and Without Cause
Malaysia is not an at-will jurisdiction. To dismiss you, an employer needs just cause and excuse. Recognised grounds include:
- Misconduct — theft, fraud, harassment, serious insubordination — normally after a due inquiry where you can respond to the allegations
- Poor performance — but only after documented warnings and a fair chance to improve (e.g. a genuine PIP)
- Retrenchment/redundancy — a genuine restructuring with fair selection and, for eligible employees, statutory termination benefits
- Contract expiry — for genuine fixed-term contracts (repeatedly renewed ones may be treated as permanent)
Paying notice does not immunise the employer — if there was no fair reason, you can still claim unfair dismissal under the Industrial Relations Act 1967.
6. Constructive Dismissal: When Quitting Counts as Firing
Constructive dismissal happens when your employer commits a fundamental breach of your contract, leaving you no reasonable choice but to resign. The law then treats your resignation as a dismissal.
Classic Malaysian examples:
- A unilateral pay cut or removal of contractual benefits without consent
- Demotion or stripping away core responsibilities without cause
- Forced relocation far beyond what the contract allows
- Sustained harassment or humiliation that management ignores
To claim it properly: put your objection in writing, give the employer a chance to remedy the breach, and if nothing changes, resign promptly while clearly stating you consider yourself constructively dismissed. Delaying too long or continuing to work without protest can be treated as accepting the new terms. Then file your representation within 60 days — see our unfair dismissal and Industrial Court guide for the full process.
7. Final Pay, Certificate of Employment and Handover
When employment ends, you are entitled to:
- Final salary up to your last day — payable on the last day where the employer terminates, and within a few days where you resign
- Payment for unused annual leave accrued under the Act
- Notice indemnity if the employer terminated without proper notice
- Termination benefits for eligible retrenched employees with 12+ months' service: 10–20 days' wages per year of service depending on tenure
- EPF, SOCSO and EIS contributions up to the final month — verify via i-Akaun
Ask HR for a certificate of employment confirming your role and dates of service — future employers and background checks often request it. And complete your handover properly; it is the cheapest professional insurance you will ever buy.
8. Frequently Asked Questions
What is the minimum notice period in Malaysia?
If your contract specifies a notice period, that applies (provided it meets statutory minimums). If the contract is silent, Section 12 of the Employment Act 1955 sets 4 weeks for under 2 years of service, 6 weeks for 2–5 years, and 8 weeks for 5 years or more — identical for employer and employee.
Can I leave immediately without serving notice in Malaysia?
Yes, if you pay salary in lieu of the unserved notice under Section 13, or if the employer agrees to waive it in writing. Walking out without paying or agreement is a breach of contract, and the employer can claim the notice indemnity from you.
Can my employer force me to take garden leave?
Only if your contract provides for it or you agree. During garden leave you receive full pay and benefits but stay away from work, and you remain an employee — which usually means you cannot start with a new employer until the notice period expires.
Do I get paid for unused annual leave when I resign?
Yes. Under the Employment Act, accrued but unused statutory annual leave must be paid out when your employment ends. Check your final payslip carefully — this payout, plus salary up to your last day, forms part of your final pay.
Berapa lama notis berhenti kerja yang perlu diberikan di Malaysia?
Ikut kontrak anda — biasanya sebulan untuk jawatan junior. Jika kontrak tidak menyatakan tempoh notis, Akta Kerja 1955 menetapkan minimum 4 minggu (kurang 2 tahun perkhidmatan), 6 minggu (2–5 tahun) atau 8 minggu (5 tahun ke atas). Anda juga boleh membayar gaji sebagai ganti notis.
Take the Next Step
- Line up your next role before resigning → — Thousands of live openings across Malaysia
- Check what you should be paid → — Benchmark before you negotiate the new offer
- Plan your next career move → — AI-powered guidance on where to go next
- Read the unfair dismissal guide → — Know your options if termination wasn't fair
?Frequently Asked Questions
What is the minimum notice period in Malaysia?
If your contract specifies a notice period, that applies (provided it meets statutory minimums). If the contract is silent, Section 12 of the Employment Act 1955 sets 4 weeks for under 2 years of service, 6 weeks for 2–5 years, and 8 weeks for 5 years or more — identical for employer and employee.
Can I leave immediately without serving notice in Malaysia?
Yes, if you pay salary in lieu of the unserved notice under Section 13, or if the employer agrees to waive it in writing. Walking out without paying or agreement is a breach of contract, and the employer can claim the notice indemnity from you.
Can my employer force me to take garden leave?
Only if your contract provides for it or you agree. During garden leave you receive full pay and benefits but stay away from work, and you remain an employee — which usually means you cannot start with a new employer until the notice period expires.
Do I get paid for unused annual leave when I resign?
Yes. Under the Employment Act, accrued but unused statutory annual leave must be paid out when your employment ends. Check your final payslip carefully — this payout, plus salary up to your last day, forms part of your final pay.
Berapa lama notis berhenti kerja yang perlu diberikan di Malaysia?
Ikut kontrak anda — biasanya sebulan untuk jawatan junior. Jika kontrak tidak menyatakan tempoh notis, Akta Kerja 1955 menetapkan minimum 4 minggu (kurang 2 tahun perkhidmatan), 6 minggu (2–5 tahun) atau 8 minggu (5 tahun ke atas). Anda juga boleh membayar gaji sebagai ganti notis.