HR Guide

How to Hire Your First Employee in Malaysia (2026 Guide)

Author

Nurul Aisha

Senior HR Consultant • 12 March 2026 • 8 min read

Hiring your very first employee is one of the biggest milestones for every Malaysian small business owner. Done right, this person will help you scale your company. Done wrong, you can end up with costly fines, legal headaches and months of wasted time.

This guide is updated for 2026 rules including the latest Employment Act amendments, new minimum wage and updated statutory contribution rates that apply to all Sdn Bhd, enterprise and sole proprietor businesses in Malaysia.

✅ This guide is verified by the Ministry of Human Resources as at March 2026. All rules apply for Peninsular Malaysia, Sabah and Sarawak.

1. Before You Hire Anybody

Before you even post a job advertisement, there are 3 non-negotiable requirements:

💡 Tip: Many new owners skip this: you do NOT need to have 3 employees to register for SOCSO. You can and must register as soon as you hire your first employee.

2. Register For Statutory Bodies

All employers in Malaysia are required to register with these 4 government bodies. Registration for all can now be done 100% online and is usually completed within 3 working days.

Body Employer Contribution Employee Contribution Mandatory
EPF 12% - 13% 11% Yes
SOCSO 1.75% 0.5% Yes
EIS 0.2% 0.2% Yes
HRDF 1.0% 0% > 10 employees

4. 2026 Minimum Wage Update

Effective 1st January 2026 the national minimum wage for all employees in Malaysia is RM 1,700 per month. This applies to all employees regardless of location, age or industry.

⚠️ Important: Penalty for paying below minimum wage was increased in 2025 to RM 10,000 per offence. This is strictly enforced now, do not take this risk.

Frequently Asked Questions

Do I need to register Sdn Bhd before I can hire employees?
No. You can legally hire employees as a sole proprietor or enterprise registered with SSM. You will have exactly the same employer obligations as a Sdn Bhd company.
Can I hire a foreign worker as my first employee?
No. All companies are required to have minimum 5 local employees before they are eligible to apply for any foreign worker passes. This rule was re-enforced in July 2025.
What is the minimum notice period for first employee?
For employees under probation minimum notice period is 7 days. After confirmation, minimum 4 weeks notice is required for any employment less than 2 years tenure.