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If you've ever considered job-hunting while still employed, you might wonder if your employer has the legal right to know about it
Whether seeking a better salary or more suitable hours, or simply checking out the job market, job hunting while still employed is a common thing many people do.
But, this comes with one question that often pops up in people's minds: Do you actually have to tell your employer you're interviewing elsewhere?
The Employment Act 1955 doesn't contain any provision requiring employees to tell their employer they're looking for another job
That means you're generally free to update your CV, speak to recruiters, submit job applications, and attend interviews while you're still employed.
This is because employment in Malaysia is based on your contract terms. Unless your employment contract specifically says otherwise, your career plans are generally your own, and you're under no legal duty to volunteer that information to your employer.
That said, the absence of a statutory duty to disclose doesn't mean your existing obligations as an employee just disappear
While you may not be legally required to tell your employer you're interviewing, you're still bound by your employment contract until your employment ends.
Many employment contracts include clauses covering matters such as confidentiality, conflicts of interest, outside employment, and the use of company equipment or information. Some employers will also have internal policies that set expectations on these issues.
For example, a company's IT policy may prohibit employees from using work devices or email accounts for personal job applications, while a conflict of interest policy may require employees to disclose outside work that could affect their role.
It's uncommon for employment contracts to require employees to disclose every job application or interview, but it's still worth checking your own contract before making any assumptions.
While looking for another job isn't a breach of your employment obligations, the bigger issue could be related to how you conduct your job search while you're still employed
For example, problems may arise if you:
- Use company email or equipment to apply for jobs in breach of workplace policies
- Attend interviews during working hours without prior approval
- Download or share confidential company information with a prospective employer
- Solicit clients or colleagues on behalf of another employer before you've resigned
In other words, it's usually the misuse of company resources or information, rather than the act of interviewing itself, that creates legal or disciplinary risk.
Depending on your contract and the nature of the information, some confidentiality obligations may also continue after your employment ends.
This can include customer databases, pricing strategies, financial forecasts, internal reports, trade secrets, and other commercially sensitive information.
Some managers may ask directly if you're planning to leave, especially if they've noticed you've been taking more leave than usual or heard rumours around the office
Generally speaking, there's no statutory obligation to disclose that you're interviewing simply because you've been asked.
Whether you choose to share your career plans is often more of a workplace or professional relationship issue than a legal one. Some employees prefer to be open with their manager, while others wait until they've accepted an offer and are ready to resign.
Once you've accepted another offer and decide to resign, it's important to follow the terms of your employment contract
That usually includes:
- Serving the required notice period
- Returning company property
- Completing a proper handover of your work
- Continuing to comply with any confidentiality obligations that survive the end of your employment
How you leave a company can be just as important for your professional reputation as how you performed while you were there.
