My employer has not paid my salary. How do I claim it in Malaysia?

Late or missing salary affects rent, loans and family. It is also one of the clearest warning signs that an employer is in trouble. Acting early, with the right documents, protects your claim.

When must salary be paid?

Under section 19 of the Employment Act 1955, wages for each wage period must generally be paid not later than the seventh day after the end of that period. Overtime and other payments have their own timing rules. Since the 2022 amendments, the Act applies to employees in Peninsular Malaysia generally, although some benefits, such as overtime, are limited for employees earning above RM4,000 a month (other than manual workers), according to the Labour Department.

What can I claim at the Labour Court?

According to the Department of Labour Peninsular Malaysia (JTKSM), an employee may file a labour case for:

• money due under the contract of service, such as wages and allowances;
• money due under the Employment Act 1955, such as maternity allowance, wages in lieu of notice, unused annual leave and overtime;
• money due under wage laws, such as minimum wages; and
• setting aside the outcome of an employer's domestic inquiry in some cases.

How do I file?

1. Go in person to the Labour Office (Pejabat Tenaga Kerja) nearest your place of work, where your statement will be recorded.
2. Bring documents: your identity card, appointment letter or contract, payslips, termination letter (if any) and other supporting documents.
3. No fee is charged for filing.
4. If several employees are claiming together, one is appointed as the lead claimant.

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What happens next?

• The Labour Office fixes a mention date. Both sides attend and may reach agreement, in which case a consent order is recorded.
• If there is no agreement, the case goes to hearing and a decision is given.
• The Labour Court may order the employer to pay, dismiss the claim, or strike it out if the claimant withdraws or fails to attend.
• A party dissatisfied with the decision may appeal to the High Court within 14 days of the order.

Labour Court or civil court?

The Labour Court is free and designed for employees. A civil action in the Magistrates' or Sessions Court may be more suitable where the claim involves complex contractual issues, large sums such as commissions or bonuses under special agreements, or claims against directors personally. If you were dismissed, an unfair dismissal claim under the Industrial Relations Act 1967 is a separate route with its own strict deadline. See unfair dismissal.

What if the company is closing down?

If the employer is insolvent, recovering wages may involve the winding-up process. Act quickly and keep records. See enforcing a judgment.

What should I prepare?

• Payslips and bank statements showing what was and was not paid.
• Your contract, appointment letter and any salary revision letters.
• Messages or emails about late payment.
• A simple table of the months and amounts owed.

Common mistakes: resigning in anger without advice, signing a "full and final settlement" for less than is owed, and waiting months before filing.

When to speak to a lawyer

If the amount is large, the employer disputes your contract, or you are considering resigning because of non-payment. You can contact us; every case depends on its facts.

Frequently asked questions

Can I file if I work in Kuala Lumpur but live in another state?

According to JTKSM, you may file elsewhere but the case will be handled by the Labour Office near your workplace.

Can my employer claim against me?

An employer may claim wages in lieu of notice if you left without giving proper notice.

Do I need a lawyer at the Labour Court?

It is designed so that employees can attend themselves, but advice beforehand can help, especially on whether to resign.

Is non-payment of salary a reason to resign?

Serious and persistent non-payment may support a claim of constructive dismissal, but take advice before resigning.

I work in Sabah or Sarawak. Is it the same?

Sabah and Sarawak have their own labour ordinances and departments. The general approach is similar, but check with the local Labour Department.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Employment Act 1955 (Act 265), including sections 19 and 69, AGC Laws of Malaysia
2. Department of Labour Peninsular Malaysia (JTKSM): Labour case FAQ
3. JTKSM: Employment Act 1955 (Amendment) 2022 FAQ

Fact-checked on 17 Oct 2026