Malaysia: Recruitment and selection

Original and updating authors: Lim Pei Yuan, Michael Chai & Co.

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Summary

• The recruitment and selection processes are not subject to statutory regulation, however there are practical considerations for the employer. (See General)
• There is no general anti-discrimination legislation. While legislation does provide for the prevention of discrimination in workplaces, it does not clearly define specific grounds of discrimination, nor does it include job seekers. (See Discrimination)
• There are no statutory requirements in relation to advertising job vacancies except where employers wish to employ foreign expatriates. (See Advertising vacancies)
• There are no general statutory requirements in relation to the selection of job applicants for employment but the Code of Conduct for Industrial Harmony provides non-legally binding guidelines on recruitment and selection. (See Selection)
• If either the employer or applicant decides not to proceed with employment after the applicant accepts the job offer, it may result in a breach of contract and a claim for damages. (See Job offers)
• Children and young persons are subject to strict employment regulations, including prohibitions on hazardous work and specific limits on working hours and conditions. (See Young people and children)
• There are various employment passes with specific conditions and requirements for each type. (See Foreign nationals)
• The Government mandates an employment quota for people with disabilities in the public sector, and encourages private-sector employers to hire disabled persons through incentives like tax deductions. (See Employment quotas)
• Employers should prioritise re-engagement of retrenched employees according to non-legally binding guidelines. (See Priority for employment)
• Employers must register new employees with the Employees Provident Fund, maintain detailed employment records and provide initial instructions and training to newly recruited employees. (See Formalities)