Eos Global Expansion

EOR Malaysia: Everything You Need to Know Before Hiring in 2025

eor malaysia

Expanding your business into Malaysia is a smart move, but it’s not without its complexities. From navigating local labour laws to setting up compliant payroll, the process can be daunting. Our guide, EOR Malaysia: Everything You Need to Know Before Hiring in 2025, will walk you through the key aspects of hiring in Malaysia in 2025, offering a clear path to market entry, whether you choose to do it yourself or with the help of a strategic partner like an Employer of Record (EOR).

Read our Malaysia Country Guide

 

The Malaysian Employment Landscape in 2025: An Overview for EOR Malaysia

Malaysia’s dynamic economy and diverse, multilingual talent pool make it an attractive hub for global businesses. The country’s legal framework for employment is primarily governed by the Employment Act 1955, which has been updated to align with international labour standards. These updates have expanded protections to virtually all employees, regardless of their salary, and have introduced new provisions for flexible working arrangements and enhanced leave entitlements.

The government continues to prioritise worker welfare and has introduced key changes in 2025 that impact how employers operate. Staying informed about these updates is crucial for ensuring compliance.

 

Key Hiring Models in Malaysia: Entity vs. EOR Malaysia

Before you can hire, you need a legal structure. You have two main options for hiring employees in Malaysia: establishing a local legal entity or partnering with an Employer of Record.

Option 1: Setting up a Local Entity

This traditional approach involves registering a company with the Companies Commission of Malaysia (SSM). This can be a significant undertaking, requiring a long-term commitment and investment. The process involves:

  • Submitting your company name for approval.
  • Preparing and submitting the required incorporation documents.
  • Registering with various statutory bodies like the Inland Revenue Board (LHDN), Employees Provident Fund (EPF), Social Security Organisation (SOCSO), and Employment Insurance System (EIS).
  • This is a robust strategy if you plan for a large-scale, long-term presence with a significant number of employees.

Read more: Hiring in Malaysia: Tips for Attracting and Retaining Top Talent

Option 2: Partnering with an Employer of Record (EOR)

For businesses that want to test the market, hire a small team, or onboard talent quickly without the administrative burden of entity setup, an EOR is a great solution. An EOR, like Eos Global Expansion, is a third-party organisation that acts as the official employer for tax and legal purposes. The EOR handles all the legalities, including:

  • Running payroll and managing all statutory contributions.
  • Ensuring compliance with local labour laws.
  • Drafting employment contracts that adhere to Malaysian regulations.
  • Handling visa and work permit applications for foreign employees.

You, as the client company, retain full control over the employee’s day-to-day work, while the EOR manages all the administrative and legal heavy lifting.

firing in malaysia
Image by Pexels from Pixabay

Essential Employment Laws and Compliance in Malaysia

Compliance is non-negotiable. Non-compliance with Malaysian labour laws can result in significant fines and legal penalties. Here’s what you need to know about the key regulations in 2025.

The Employment Act 1955

This is the cornerstone of Malaysian labour law. Recent amendments have made it more comprehensive and employee-centric. Key provisions include:

  • Working Hours: The standard workweek is capped at 45 hours. Any work performed beyond this limit is considered overtime and must be compensated accordingly.
  • Leave Entitlements: Employees are entitled to a minimum number of paid days off for various reasons. For instance, annual leave starts at 8 days for employees with less than two years of service, increasing to 16 days after five years. Maternity leave is a generous 98 days, and paternity leave is 7 days.
  • Notice Periods: Termination of employment requires a notice period, which varies based on the length of service. For example, an employee with less than two years of service requires four weeks’ notice, while someone with over five years requires eight weeks’ notice.

Payroll and Statutory Obligations

Malaysian payroll involves several mandatory contributions from both the employer and the employee. All contributions are typically based on the employee’s monthly salary.

Statutory Body Employer Contribution Rate Employee Contribution Rate
Employees Provident Fund (EPF) 12%-13% (based on salary) 11%
Social Security Organisation (SOCSO) ~1.75% 0.5%
Employment Insurance System (EIS) 0.2% 0.2%
Inland Revenue Board (LHDN) Varies based on salary bracket (PCB) Varies based on salary bracket (PCB)
  • Minimum Wage: As of February 1, 2025, the national minimum wage has been raised to RM1,700 per month for all employers with five or more employees. This also applies to employers in professional activities, regardless of the number of employees. For smaller businesses with fewer than five employees in non-professional sectors, this new rate takes effect on August 1, 2025.
  • Tax Compliance (PCB): Employers are responsible for deducting monthly tax contributions (Potongan Cukai Bulanan, or PCB) from employee salaries and remitting them to the LHDN.

Read more: Firing in Malaysia: Navigating Legal Requirements

 

Hiring Foreigners in Malaysia: The EOR Malaysia Advantage

Hiring non-Malaysian nationals is a common practice, but it’s heavily regulated. Foreign workers require a valid work permit or visa, and the process is managed by the Immigration Department of Malaysia’s Expatriate Services Division (ESD) and various other governing bodies.

The most common work passes include:

  • Employment Pass (EP): For skilled expatriates with a monthly salary of RM3,000 or more. EPs are categorised based on salary and duration.
  • Professional Visit Pass (PVP): For foreigners conducting short-term work or professional assignments (up to 12 months).
  • Temporary Employment Pass (TEP): For semi-skilled workers, domestic helpers, and those in specific sectors.

The application process can be lengthy and complex, requiring sponsorship from a locally incorporated entity. The EOR model is particularly beneficial here, as a reputable EOR will have the necessary registrations and expertise to manage this entire process on your behalf, from initial application to renewal.

 

Mitigating Compliance Risks

Non-compliance can have serious consequences, including:

  • Financial Penalties: Fines for late or incorrect payments of statutory contributions like EPF and SOCSO can be steep. For example, failing to pay the minimum wage can result in a fine of up to RM10,000 per employee for a first offence.
  • Legal Action: Employers may face legal action from the Department of Labour or individual employees for wrongful dismissal or other labour law breaches.
  • Reputational Damage: Legal issues and poor treatment of employees can harm your company’s reputation, making it difficult to attract and retain talent in the future.

This is where a partnership with an EOR like Eos Global Expansion becomes a strategic advantage. By leveraging our deep local expertise, you can confidently navigate Malaysia’s complex regulatory environment. We assume the legal responsibility for employment, ensuring all contracts, payroll, and statutory contributions are handled accurately and on time, thereby shielding your business from compliance risks. 🛡️

Read more: Cost of Living in Malaysia 2024: Insights for Employers

 

Why an EOR is Your Strategic Gateway to Malaysia

For companies looking to hire quickly and efficiently, an EOR Malaysia is a viable and powerful market-entry strategy. It allows you to:

  • Accelerate Time-to-Market: Hire employees in weeks, not months, bypassing the lengthy entity setup process.
  • Ensure Full Compliance: An EOR guarantees adherence to the latest labour laws, from the Employment Act 1955 to the Minimum Wages Order 2024.
  • Manage Risk: The EOR assumes legal liability for employment, protecting your business from the financial and reputational risks of non-compliance.
  • Focus on Core Business: Offload the administrative burdens of payroll, HR, and benefits management to a trusted partner, so your team can focus on what they do best.
  • Access Top Talent: An EOR can help you tap into Malaysia’s rich talent pool without requiring a physical presence or significant initial investment.

Contact Eos Global Expansion to discover how we can help your business expansion in Malaysia. Check our full-range of EOR services here or book a free consultation now.

 

Photo by Paweł Szymankiewicz on Unsplash

Author

Zofiya Acosta

Zofiya Acosta is a B2B copywriter with a rich background of 6 years as a professional writer. She has honed her craft in the dynamic writing field, beginning as an editor for a lifestyle publication in the Philippines, giving her a unique perspective on engaging diverse audiences.

Reviewer

Chris Alderson MBE

Chris Alderson is a seasoned CEO with over 25 years of experience, holding an honours degree from Durham University. As the founder and CEO of various multinational corporations across sectors such as Manufacturing, Research & Development, Engineering, Consulting, Professional Services, and Human Resources, Chris has established a significant presence in the industry. He has served as an advisor to the British, Irish, and Japanese governments, contributing his expertise to international trade missions, particularly focusing on global expansion and international relations. His distinguished service to the industry was recognised with an MBE (Member of the Order of the British Empire) awarded by Her Majesty Queen Elizabeth II.

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