Employing Children and Young Persons in Malaysia

A 14-year-old student helping out at the family food stall and a five-year-old acting in a television commercial are governed by the same law — and it is not the Employment Act 1955 that employers usually turn to. That law is the Children and Young Persons (Employment) Act 1966, or Act 350.

Act 350 is the specific law governing who may employ children and young persons, the types of work permitted, and how long they may work. The Act’s long title records its commencement date as 1 October 1966 (P.U. 356/1966), and it has been amended several times. The most recent major amendment is the Children and Young Persons (Employment) (Amendment) Act 2019 (Act A1586), reported to have come into force on 1 February 2019 through a ministerial notification in the Gazette.

Who is a “child” and who is a “young person”?

The Act distinguishes two categories in section 1A:

• Child — a person under 15 years old.
• Young person — a person who has reached the age of 15 but is still under 18.

This distinction matters because young persons are allowed to take part in more kinds of employment than children, and their working-hour limits also differ slightly.

Bear in mind: section 1(2) provides that Act 350 applies only in the states of Peninsular Malaysia. Sabah and Sarawak regulate the employment of children through their respective Labour Ordinances.

At what age may a child start working?

There is no absolute prohibition on all forms of work for children, but the entry point is narrow. Section 2(2A) provides that the age of admission to light work shall be no less than 13 years.

“Light work” is defined in section 1A as work not likely to be harmful to the health or the mental and physical development of the child, and not prejudicial to their attendance at school, their participation in a training programme, or their capacity to benefit from instruction.

Under section 2(2), a child may only take part in:

• light work suited to their capacity in any undertaking carried on by their family;
• work in public entertainment, subject to the conditions of a licence issued under this Act;
• work approved or sponsored by the Federal Government or a State Government carried on in a school, training institution, or training vessel; and
• work as an apprentice under a written apprenticeship contract approved by the Director General.

What may young persons do?

Young persons (15 to under 18) may do everything permitted to children, and more. Under section 2(3), they may also work in:

• an office, shop (including a hotel, restaurant, and stall), warehouse, factory, workshop, store, boarding house, theatre, cinema, or club;
• an industrial undertaking suited to their capacity; and
• a vessel under the personal charge of their parent or guardian.

Unlike children, a young person may do work suited to their capacity whether or not the undertaking is carried on by their family.

What work is prohibited altogether?

This is where Act 350 is at its firmest. Two lists provide protection.

Fourth Schedule — hazardous work. Section 2(1A) prohibits any child or young person from being engaged in the hazardous work listed in the Fourth Schedule. This includes work with high-risk machinery, work at heights or underground, underwater work or work in confined spaces, work with chemical or radioactive substances, and work exposing them to other physical dangers. The only exception: section 2(1B) allows a young person to do hazardous work under personal supervision only if they are an apprentice or undergoing vocational training.

Fifth Schedule — absolute prohibition. Section 2(2B) absolutely prohibits children and young persons from being engaged in the occupations listed in the Fifth Schedule, without any exception:

• prostitution;
• work as a social escort, host, or related activity;
• the production of or trade in alcoholic beverages;
• gambling and lottery activities;
• massage or reflexology services;
• pornography; and
• the production of or trade in drugs and addictive substances.

In addition, section 2(5) prohibits employment that contravenes the Factories and Machinery Act 1967 [Act 139], the Occupational Safety and Health Act 1994 [Act 514], or the Electricity Supply Act 1990 [Act 447].

How long may they work each day?

Section 4 provides that no child or young person may work more than six days in any period of seven consecutive days. The daily hour limits differ by category:

Item	Child (section 5)	Young person (section 6)
Night-work ban	8 p.m. – 7 a.m.	8 p.m. – 6 a.m.
Compulsory rest	At least 30 minutes after every 3 consecutive hours	At least 30 minutes after every 4 consecutive hours
Maximum daily working hours	6 hours a day (or 7 hours including school time if attending school)	7 hours a day (or 8 hours including school time if attending school; apprentice maximum 8 hours)
Rest before starting work	No less than 14 consecutive hours free of work	No less than 12 consecutive hours free of work

The night-work ban for children does not apply to work in public entertainment. For young persons, the night ban does not apply to agricultural undertakings, public entertainment, or work on a vessel under the charge of a parent.

How can children act or perform?

The entertainment industry is given a special path but is tightly regulated. Under section 7, no child or young person may take part in public entertainment unless a licence has been issued by the Director General of Labour to their employer. The Director General will not issue a licence if of the opinion that the employment is dangerous to the life, limb, health, safety, or morals of the child concerned, and may revoke a licence for a breach of conditions.

The regulations in the Third Schedule add protection: every child and young person in public entertainment must be examined by a Government Medical Officer initially and at least once every three months, and no performance may exceed four hours. A party aggrieved by a decision of the Director General may appeal to the Minister within 14 days.

What are the penalties for an employer who breaches the Act?

Section 14 was strengthened by the 2019 amendment (Act A1586). Before that amendment, section 14(1) provided a maximum fine of RM5,000 and one year’s imprisonment for a first offence; amendment A1586 replaced “one year” with “two years” and “five thousand” with “fifty thousand”, as well as “three years” with “five years” and “ten thousand” with “one hundred thousand”.

Offence	Maximum imprisonment	Maximum fine
First offence	2 years	RM50,000
Second or subsequent offence	5 years	RM100,000

The punishment may be imprisonment, a fine, or both together. Importantly, liability is not limited to the employer: section 14(1) also imposes a penalty on a parent or guardian who knowingly allows the breach to occur in respect of their child or young person. Under section 9A, a director, manager, or officer of a body corporate may also be held personally liable.

Enforcement of this Act is carried out by the Director General of Labour and officers appointed under the Employment Act 1955 (section 9), while prosecution may only be instituted by or on behalf of the Public Prosecutor (section 11).

What else should employers know?

One provision that is often overlooked is section 13: although the Contracts Act 1950 generally limits a child’s capacity to make contracts, section 13 allows a child or young person to enter into a contract of service (other than as an employer) and to sue or defend an action without the need for an adult representative. However, no damages may be recovered from a child or young person for a breach of a contract of service.

Section 16, in turn, ties Act 350 together with the Employment Act 1955: the provisions of the Employment Act 1955 apply to the employment of children and young persons as if they were part of Act 350. This means employers remain bound by the wage, leave, and working-condition obligations under the Employment Act 1955.

What’s next

• Check the age of your young workers and match it to the categories in section 1A before offering any work.
• If your business involves public entertainment, apply for a licence from the Labour Office (JTKSM) before children take part.
• Review the Fourth Schedule and Fifth Schedule again to ensure no task assigned falls within hazardous or prohibited work.
• Refer to the full text of Act 350 on the Ministry of Human Resources’ e-Akta portal, and obtain legal advice for specific situations.

This article is an AI-assisted draft for general information purposes and is not legal advice. Refer to the official text of Act 350 and a legal practitioner for binding decisions.