What You Need To Know

Last updated: 14-01-2024

Introduction

As an employer, your responsibilities include paying EPF contributions in respect of any person you have engaged to work under a Contract of Service or Apprenticeship. You have to ensure accurate monthly contributions are deducted from your employees’ salary and remitted to EPF. Access to internet banking makes EPF contribution payments much easier now.

Introduction

Subject to the provisions of section 52, every employee and every employer of a person who is an employee within the meaning of this Act shall be liable to pay monthly contributions on the amount of wages at the rate respectively set out in the Third Schedule.
Section 43(1), EPF Act 1991

Determining Obligation To Contribute

These are the three main elements which determine the obligation to contribute to EPF.

  • Employer
  • Employee, Contract of Service or Apprenticeship
  • Wages

You need to register with the EPF if you fulfill the following elements.

An employer is defined as a person(s) with whom an employee has a contract of service or apprenticeship with.

Employers include:
  • Manager, agent or person responsible for the payment of wages to an 'employee'
  • Group of persons whether statutory or non-statutory or incorporated
Manager, agent or person responsible for the payment of wages to an 'employee'
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Manager, agent or person
responsible for the payment of wages to an 'employee'
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Group of persons
whether statutory or non-statutory or incorporated
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Government, government department, statutory body, local authority or other bodies

An employee is defined as a person who is employed under a contract of service or apprenticeship whose particulars are not included in the First Schedule of the EPF Act 1991.

The contract of service or apprenticeship can be written or oral, expressed or implied.

"Contract of Service" is an agreement in which a person agrees to employ another person as an employee and the other person agrees to serve his employer as an employee.
"Contract of Apprentice" means a written contract made by a person with an employer who pledge to employ the person and train or cause him to be systematically trained for a work during a specified period of time approved by the employer who in the course of the exercise the apprentice is bound to working in the service of the employer.
(Apprenticeship definition reference – Employment Act 1955)

Minimum age: Employment age is subject to Children and Young Persons (Employment) Act 1966.

Maximum Age: 75 years


Persons Not Obligated To Contribute

Persons stipulated in the First Schedule of the EPF Act 1991 who are exempted from making a contribution are as follows:

  • All nomadic aborigines unless in any particular case the Director-General of the Department of Aborigines otherwise recommends

  • Domestic servants as defined in section 3 of the Workmen's Compensation Act 1952 [Act273], except when employed-

    • by any employer specified in the Second Schedule to this Act;

    • by any society registered or required to be registered under any written law for the time being in force relating to the registration of societies or co-operative societies;

    • in any business registered or licensed or required to be registered or licensed under the Registration of Businesses Act 1956 [Act 197], the Trades Licensing Ordinance of Sabah [Sabah Cap. 144], the Businesses, Professions and Trades Licensing Ordinance of Sarawak [Sarawak Cap. 33] or the Businesses Names Ordinance of Sarawak [Sarawak Cap. 64], as the case may be; or

    • by any corporation incorporated under any written law.

  • Out-workers as defined in section 3 of the Workmen's Compensation Act 1952, except when employed by any employer specified in the Second Schedule

  • Any person detained in any prison, Henry Gurney School, approved school, place of detention, mental hospital, rehabilitation centre having the same meaning in the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283] or leper settlement.

    Any person who is a Member of the Administration as defined under Article 160 of the Federal Constitution.

  • Any person who is employed and whose country of domicile is outside Malaysia and who is in accordance with his terms and conditions of service participates in a provident fund or other similar scheme established or administered outside Malaysia.

    Any person who is employed and whose country of domicile is outside Malaysia and who has obtained prior written approval from the Board to participate in accordance with his terms and conditions of service in a provident fund or other scheme established or administered in Malaysia

  • Any person who has attained the age of seventy-five (75) years


Persons Obligated To Contribute

 

Except for the persons mentioned in the First Schedule of the EPF Act 1991, you are liable to pay EPF contributions in respect of any person whom you have engaged to work under a Contract of Service or Apprenticeship.

Wages are all remuneration in money due to your employee under his contract of service or apprenticeship whether it was agreed to be paid monthly, weekly, daily or otherwise.

Payments Liable for EPF Contribution

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Salary
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Payment for unutilised annual or medical leave
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Bonus
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Allowance
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Commission
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Wages for half day leave
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Incentive
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Arrears of wages
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Wages for maternity leave
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Wages for study leave
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Other payments under contract of service or otherwise

Payments Not Liable for Contribution

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Service charge
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Overtime payment
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Gratuity
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Retirement benefit
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Retrenchment, temporary lay-off or termination benefits
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Any traveling allowance or the value of any travel concession
For further information, refer to EPF Act 1991.

Explanation About Payments That Are Exempted

There are six types of payments that are exempted from EPF contribution.

Wages

Service Charge

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  1. Any money or payment either in the form of a service charge, a service fee, a tip or other payments which has been paid by, charged on, collected from or voluntarily given by a customer or any other person (who is not the employer) with respect to the employer's business.
  2. This payment is payable to an employee either in whole or in part, directly or indirectly, and whether under a contract of service between the employer and the employee or otherwise.

Overtime Payment

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Any payment due from an employer to an employee for work carried out in excess of the normal working hours of such employee and includes any payment paid to an employee for work carried out on public holidays and rest days.


Gratuity

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Any payment paid by an employer to an employee upon completion of service or voluntary resignation as a recognition of such employee's service.


Retirement Benefits & Transfer Of Retirement Benefits

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Any payment that has been made to the employee for when they voluntarily retire or have reached retirement age.

  1. In addition to section 43, an employer or any other person may at any time, with the consent of the employee, remit to the Board
    1. any funds being retirement benefits of the employee; or
    2. any funds from any other retirement scheme or plan relating to the employee, in any manner as may be prescribed by the Board.
  2. An employee or any other person may at any time remit to the Board any funds from any retirement scheme or plan relating to the employee or person in any manner as may be prescribed by the Board.
  3. Upon the Board receiving the funds as remitted under subsection (1) or (2), the Board shall cause the funds to be paid into the Fund in accordance with section 50.

                                                                                                                                                                       Section 44, EPF Act 1991

"Retirement Benefits" means any payment paid to an employee for retirement whether compulsory or optional or for health reasons as specified under the contract of employment of the employee.

An employer may, with the approval of an employee, transfer to the employee's EPF account any funds being the retirement benefits of the employee or any funds from any other retirement scheme or plan relating to the employee. Such a transfer can be made through Form KWSP 16F by individual or group.

The general terms for remittance of Retirement Benefits to the EPF are: 

  • Employers need to obtain consent from employees in accordance with the provisions of Section 44 of the EPF Act before the transfer of Retirement Benefits.
  • If the employer fails to contact the employee and have applied for retirement benefits to be credited to employee’s account at EPF, employers are required to complete and sign the Undertaking And Indemnity Letter of Transfer of Employee Retirement Benefit to EPF.

                                  Download Form KWSP 16FDownload Form KWSP 16F (Group)

 


Retrenchment, Lay-off Or Termination Benefits

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Any payment made by an employer due to the reduction or termination of employees.


Any Travelling Allowance Or The Value Of Any Travelling Concession

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Any payment paid by an employer to an employee for the purpose of travelling and transportation expenses.


There are six types of payments that are exempted from EPF contribution.

Wages

Frequently Asked Questions

Frequently Asked Question

Employer - All About Your Responsibility

What is the definition of 'Employer'?

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An employer is defined as a person(s) with whom an employee has a contract of service or apprenticeship.

Employers include:

a. Managers, agents or persons responsible for the payment of salary or wages to an 'employee'

b. Any group of people whether statutory or non-statutory or incorporated

c. Any government, government departments, statutory bodies, local authorities or other bodies specified in the Second Schedule, EPF Act 1991.


What is the definition of 'Employee'?

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An employee is defined as a person who is employed under a contract of service or apprenticeship. The contract of service or apprenticeship can be written or verbal, expressed or implied.


Does the EPF set a minimum age to contribute?

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There is no minimum age limit, every employee is liable to contribute. However, Act 350 - the Child And Young Persons (Employment) Act 1966 (Revised 1998) has set 14 years old as the minimum age for employment.


What does 'Late Payment Charge and Dividend' on late payment of contributions mean?

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Late Payment Charge is a fine imposed on employers in accordance with Section 49 (1) EPF Act 1991 for failing to pay the monthly EPF contributions within the specified period stipulated by the EPF.

Apart from the Late Payment Charge, employers are also required to pay dividends accrued on late contributions received for each month of the current dividend rate set by the EPF Board for the year.


What is 'Contribution'?

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Contributions are a mandatory salary deduction comprising the employee's and employer's share that has to be contributed within a specified period. The contribution for any given month is a deduction from the previous month's salary. The employer shall pay contributions based on the rates specified in the Third Schedule, EPF Act 1991 (subject to change).

Example: January 2014 salary deduction for employee's and employer's shares shall be paid as February contribution by 15 February 2014.


What is a 'Domestic servant'?

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According to Section 3 of the Workmen's Compensation Act 1952, 'Domestic servants' are individuals who work as, among others:

Maid, Cook, Gardener, Cleaner, Babysitter, Drivers and others.


What is the 'Contribution Month'?

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Contribution month is the month in which the contribution is payable based on the previous month's salary. For example, contributions paid in February 2014 are for January 2014's salary. Contributions must be paid on or before 15th February 2014.


What are the components of wage?

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Payments which are subject to EPF contribution include:

 

  • Salary

  • Bonus

  • Allowance

  • Commission

  • Incentives

  • Arrears of salaries

  • Payment in respect of unutilised annual or medical leave

  • Paid maternity leave

  • Paid study leave


What is the definition of 'Wages'?

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Wages are all remuneration in the form of money paid by an employer to an employee under a contract of service or apprenticeship based on agreed terms of payment, whether monthly, weekly or daily.


What is the difference between a 'Contract of Service' and 'Contract for Service'?

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Contract of Service is an agreement, mutually agreed between an employer and an employee to complete a certain service. The agreement may be written, verbal, expressed or implied.

 

Meanwhile, Contract For Service is an agreement to provide service to a person or group of people. The person providing the service is free from any control and monitoring by the person or group of people receiving the service.


What are 'Non-Wages'?

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Payments which are not liable for EPF contribution are:

  • Service charge

  • Overtime payment

  • Gratituity

  • Retirement benefits

  • Retrenchment

  • Temporary lay-off & termination benefits

  • Payment in lieu of notice of termination of employment

  • Travelling allowance or the value of any travelling concession.

The above list is not exhaustive.


Who are EPF Inspectors?

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EPF Inspectors are officers appointed under Section 34 of the EPF Act 1991 empowered to carry out inspections on employers.


Can the monthly contributions be paid bimonthly or combined as one month?

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No. According to Section 43(1), EPF Act 1991 , employers must pay on a monthly basis.


What should an employer do if he/she wishes to contribute more than the stipulated rate for employer's share?

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An employer can make a Voluntary Excess (VE) Contribution by completing Form KWSP 17 (MAJ) - Notice to Contribute More Than Statutory Rate (Employer). The contribution paid must be rounded up to the nearest ringgit and must not be backdated.


If an employee chooses to contribute more than the stipulated rate, can the employer deduct from the employee's own salary for that purpose?

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Yes you can, but only if the employee has opted for Voluntary Excess (VE) Contribution and after completing Form KWSP 17A (AHL) - Notice to Contribute More Than Statutory Rate (Employee).


What is the calculation for employer's and employee's shares for wages exceeding RM20,000?

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For wages exceeding RM20,000.00 for a particular month, the employee's contribution rate shall be 9% of the total wages for the month, while the rate of contribution by the employer is 12% of the total wages for the month (Effective from January 2021 salary/wage up to December 2021 (February 2021 contribution month up to January 2022)). Total contributions, including cents, shall be rounded up to the next ringgit.

For more information, refer to the Third Schedule, EPF Act 1991.


Are arrears from Annual Salary Increment subject to EPF contribution?

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Yes, and they are to be paid as contribution on the actual month.

Rational: 
Annual Salary Increment is the fee payable for the actual month of the salary increment. Therefore, the contribution of Annual Salary Increment will be paid as contribution for the actual month.


Are salaries paid by hour subject to EPF contribution?

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Yes, if an employee works any day in a month and receives wages in excess of RM10.00 (whether of daily, hourly or piece-rated salary), he/she is liable to make an EPF contribution.


Is overtime payment subject to EPF contribution?

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Overtime payments are not subject to EPF contribution.


Are salary adjustments subject to EPF contribution?

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Yes, and it will be paid as current contribution.

Rational: 
The salary adjustment is not a scheduled payment and not subject to any particular month. Therefore, the contribution of the salary adjustment shall be paid as contribution for the current month.


Are wages paid for work during holidays (public holidays, annual leave) subject to EPF contribution?

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Yes, unless the work attendance is considered as overtime.


Who does 'Employee Liable to Contribute' refer to?

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a. Permanent employees
b. Contract employees
c. Part time employees
d. Temporary employees
e. Probationary employees
f. Directors receiving salary/wages
g. Employees who have made full withdrawal under the Incapacitation Withdrawal and have since recovered and are re-employed in any service
h. Employees who have made a 55 Years Withdrawal and are below 75 years old and still working in any occupation
i. Employees who have made a Pensionable Employees and Optional Retirement Withdrawal and are working with employers other than the Federal or State Governments, or any statutory bodies or local authorities
j. Employees who have made Pensionable Employees Withdrawal and were re-employed after the retirement age


Is a driver's trip allowance subject to EPF contribution?

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Trip allowance is included in wage elements. Therefore, it is subject to contribution.


Is a part-time worker or employee who works with more than one employer subject to EPF contribution?

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Yes, they are subject to EPF contribution.


When is an employee eligible for EPF contribution?

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An employee is eligible to contribute upon receiving a salary of more than RM10.00 in a month or part thereof.

For example, an employee who worked for one day in March 2013 and received a fee of RM10.01.


Do non-Malaysian employees have to contribute?

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No, non-Malaysian employees are not required to contribute, but they are given the option to contribute. If an employee has opted to contribute, he/she and the employer are liable to contribute and not allowed to revoke the option made.


What is the minimum number of employees before contribution is required?

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1 person.


Do foreign companies hiring Malaysian citizens need to contribute?

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Yes, if the foreign company has registered and is operating in Malaysia.


Are directors required to register as a member and contribute to the EPF?

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All salaried directors are required to register as a member and contribute to the EPF.


Is there a liability to contribute for deceased employees?

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Employers are not liable to make any contribution for the month an employee passes away (Section 43 (7), EPF Act 1991).


In what situation will employers be charged with the Late Payment Charge and dividend?

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Late Payment Charge and dividend will be imposed for late contribution payments. Late Payment Charge is imposed when payment for a particular month is made later than the 15th of the month. The dividend is imposed when the payment for the contribution month is made from the 1st of the following month. Late payment of contributions include:

a. Overdue contributions
b. Underpaid contributions

Example:

Scenario 1: 
If an employer pays arrears for February 2014 on 20 February 2014, they will be charged a Late Payment Charge only.

Scenario 2: 
If an employer pays arrears for February 2014 on 2 March 2014, they will be charged both the Late Payment Charge and dividend.


If a public holiday falls on a 15th and payment is made on the following day, will employers still be imposed with the Late Payment Charge?

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No.


Can an employer deduct the employer's share of contribution from an employee's salary?

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No. According to Section 47(1) of the EPF Act 1991, any employer who makes deductions or attempts to make deductions from an employee's wages or remuneration, either whole or in any part of the employer's contribution, faces imprisonment for no more than six years or a fine of not more than RM20,000, or both.


Can an employer deduct the employee's share of contribution from an employee's wage?

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Yes, employers may deduct employees' share for wages paid for that particular month only. According to Section 48 (3) of EPF Act 1991, any employer who deducts the contributions from an employee's wage but fails to pay the deducted sum or any part of it to the EPF, faces imprisonment for no more than six years or a fine of not more than RM20,000, or both.


What are the Employer's responsibilities?

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1. Register as an EPF employer within 7 days from the date of hiring workers

2. Registering employees as EPF Members

3.  Keeping books/sign wages/salaries

4. Provide salary statements/payslips

5. Payment of EPF contribution

6. Inform EPF on the following items:

  • Contrasting information between EPF statement with employer records
  • Change of address and name/status of employers
  • Termination of liability to contribute
  • Temporarily not liable to contribute (No employees temporarily)

Panduan Ringkas Tanggungjawab Majikan


What are the Director's responsibilities?

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Directors share the same responsibilities as Employers.


What is the scope of authority for EPF Inspectors?

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The inspectors' scope of authority is as stated in Section 35 of the EPF Act 1991. Among them are:

a. To enter any premise or location believed to have hired individuals as employees.

b. To carry out inspections and probes as and when necessary to ensure that the provision of the Act or rules and regulations thereunder are being observed and complied with.

c. To cross-examine, either by oneself or in the presence of any other person(s), on matters pertaining to this Act to which he may reasonably require information or towards any individuals he has reason to believe can provide information on the case.


Can EPF Inspectors accept cash?

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EPF Inspectors are prohibited from accepting cash payments from employers or the employers' representatives.