Domestic Helper Employment Contract (Malaysia)

A Domestic Helper Employment Contract in Malaysia is a written agreement between a Malaysian employer (the householder) and a foreign domestic worker — commonly referred to as a pembantu rumah asing or foreign maid — setting out the terms and conditions of domestic employment in a private household. The contract is required by the Ministry of Human Resources Malaysia (MOHR) and the Immigration Department of Malaysia (Jabatan Imigresen Malaysia) as part of the work permit application process for foreign domestic helpers under the Immigration Act 1959/63 (Act 155).

Foreign domestic helpers in Malaysia are primarily recruited from Indonesia, the Philippines, Cambodia, Vietnam, Sri Lanka, India, and Thailand under bilateral Memoranda of Understanding (MoU) between the Government of Malaysia and the respective source country governments. The largest source country for domestic workers is Indonesia, under the Malaysia–Indonesia MoU on the Recruitment and Placement of Indonesian Domestic Workers. The Philippines, as a major sending country, requires the use of the Philippine Overseas Employment Administration (POEA) Standard Employment Contract as a minimum standard for all Overseas Filipino Workers (OFW), including those deployed to Malaysia as domestic helpers under the Philippines Migrant Workers and Overseas Filipinos Act 1995 and the POEA Rules.

Domestic helpers in Malaysia fall within the definition of 'domestic servant' under the First Schedule to the Employment Act 1955 (Act 265). Domestic servants were historically excluded from several Part XII protections under the Employment Act 1955, but legislative reforms have progressively extended protections. The Employment (Amendment) Act 2022, which came into force on 1 January 2023, extended the application of Sections 60A (hours of work), 60C (shift work), 60D (holidays), 60E (annual leave), and 60F (sick leave) to domestic servants — a significant improvement in domestic worker protections under Malaysian law.

The Employees' Social Security Act 1969 (Act 4) — administered by SOCSO (Social Security Organisation / Pertubuhan Keselamatan Sosial, PERKESO) — covers domestic workers for Employment Injury Insurance (Scheme 1) since the Employees' Social Security (Amendment) Act 2019 extended SOCSO coverage to domestic workers, including foreign domestic workers. Both the employer and the domestic worker contribute to SOCSO Scheme 1. Foreign domestic workers are covered by the Foreign Workers' Hospitalisation and Surgical Insurance Scheme (FWHS Insurance) — a mandatory medical insurance product arranged by the employer as part of the work permit conditions under the Immigration Act 1959/63.

The legal framework governing the Domestic Helper Employment Contract (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a Domestic Helper Employment Contract (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Employment Act 1955 (Act 265) sets the foundational requirements.

A Domestic Helper Employment Contract is required in Malaysia whenever a Malaysian householder employs a foreign national as a live-in or live-out domestic worker in a private household.

A Domestic Helper Employment Contract is needed when a Malaysian employer applies to MOHR and the Immigration Department for approval to hire a foreign domestic helper, as the MOHR Standard Employment Contract for Foreign Domestic Helpers must be executed before the work permit application (Borang JTKSM 3) is submitted and the Temporary Employment Pass is issued.

A Domestic Helper Employment Contract is required when the employer engages a licensed maid agency registered under the Private Employment Agencies Act 1981 (Act 246) to source, recruit, and place a foreign domestic helper, as the maid agency requires the signed employment contract as part of the placement documentation before the worker departs from the source country.

A Domestic Helper Employment Contract is needed for source country compliance — specifically, Indonesia and the Philippines require that the signed employment contract be endorsed by the respective source country government authority (e.g. the Philippine Overseas Employment Administration for Filipino domestic helpers) before the worker is permitted to depart, to verify that the employment terms meet source country minimum standards.

A Domestic Helper Employment Contract is required when a domestic helper lodges a complaint with the Department of Labour Peninsular Malaysia (JTKSM) or files a report with the National Human Trafficking Hotline (1-800-88-5160) regarding unpaid wages, physical abuse, or withholding of passport, as the employment contract is the primary documentary evidence of the agreed terms of employment.

A Domestic Helper Employment Contract is needed when renewing the domestic helper's work permit with the Immigration Department — typically annually — as the renewal requires evidence of continued employment and compliance with the original contract terms.

A valid Malaysia Domestic Helper Employment Contract must contain the following essential elements required by MOHR, the Immigration Department, and applicable source country MoU standards.

Parties and Identification: The employer's full name, NRIC number, and home address; the domestic helper's full name as per passport, nationality, passport number, and source country. The work permit number (Temporary Employment Pass reference) should be inserted once issued.

Job Scope and Duties: A clear description of domestic duties — including cooking, cleaning, childcare, elderly care, laundry, and marketing — that is consistent with the approved work permit category for domestic service. The helper may only perform domestic duties in the employer's household and must not be deployed for commercial or industrial work.

Monthly Salary: The agreed monthly salary in Malaysian Ringgit (RM), which must not be below the applicable source country MoU minimum wage — for example, the Malaysia–Indonesia MoU specifies a minimum monthly salary for Indonesian domestic workers. The salary must be paid on time by bank transfer or in cash with a signed receipt each month under Section 25 of the Employment Act 1955.

Rest Days and Working Hours: Under the Employment (Amendment) Act 2022 (effective 1 January 2023), domestic workers in Malaysia are entitled to one rest day per week under Section 59 of the Employment Act 1955. If the helper is required to work on the rest day, the employer must pay rest day allowance. Daily working hours and overtime entitlements under Section 60A must be stated.

Annual Leave and Sick Leave: Under the Employment (Amendment) Act 2022, domestic workers are entitled to annual leave under Section 60E (8 days for less than 2 years' service; 12 days for 2–5 years; 16 days for more than 5 years) and sick leave under Section 60F (14 days for less than 2 years; 18 days for 2–5 years; 22 days for more than 5 years).

Accommodation and Food: The employer must provide suitable accommodation and food (or a food allowance) for live-in domestic helpers. Deductions for accommodation and food must comply with MOHR guidelines and must not reduce take-home pay below the agreed salary.

Medical Care and Insurance: The employer must provide medical treatment and arrange the mandatory FWHS (Foreign Workers' Hospitalisation and Surgical) Insurance under the Immigration Act 1959/63 work permit conditions. The employer is also responsible for SOCSO Employment Injury Insurance contributions under the Employees' Social Security Act 1969 as amended.

Passport and Documents: The employer must not confiscate the domestic helper's passport under any circumstances. The passport must remain in the helper's possession, in compliance with the Passports Act 1966 (Act 150) and MOHR Circular No. 1/2008.

Repatriation: Upon contract expiry or termination, the employer is obligated to purchase the return airfare to the worker's home country and complete work permit cancellation with the Immigration Department.

Additional compliance elements for a Domestic Helper Employment Contract (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.