Published On: 13/01/2026By

The question of whether HR can ask for a candidate’s payslip during recruitment has sparked renewed debate in Malaysia—after a LinkedIn recruiter’s post went viral and triggered strong reactions from job seekers, HR professionals, and even legal experts.

At the heart of the discussion is a simple but critical issue:
Should salary offers be based on a candidate’s past pay—or on their skills, experience, and market value?

For employers, understanding the legal position, ethical implications, and compliance risks is essential to maintaining fair, transparent, and defensible hiring practices.

Why the Payslip Debate Matters in Recruitment

As Malaysians enter a new hiring cycle, many candidates prepare extensively for interviews—researching roles, aligning salary expectations, and sharpening communication skills. Yet one interview request continues to surprise and frustrate candidates:

“Can you share your latest 3 months’ payslips?”

While common in some organisations, this practice has increasingly been questioned—especially when salary history becomes the primary benchmark for future pay.

A recruiter recently warned candidates against manipulating payslips to inflate salary expectations, noting that inconsistencies—such as unchanged EPF contributions—are often easy to detect. While falsifying documents is clearly unethical, the post sparked a wider question:

Is requesting payslips during hiring ethical in the first place?

The Ethical Concerns: Skills vs Salary History

Critics argue that relying on previous salary:

  • Anchors offers unfairly

  • Penalises underpaid candidates

  • Encourages lowball offers rather than market-based pay

  • Undermines pay equity and employer branding

Some job seekers allege that internal HR KPIs encourage cost-saving offers, leading to over-reliance on salary history rather than role value.

From a modern HR perspective, best practice increasingly supports this view:

Compensation should reflect job scope, skills, experience, and market benchmarks—not just past pay.

The Legal Position in Malaysia: What Employers Need to Know

Is it illegal to ask for a payslip in Malaysia?

No law explicitly prohibits employers from requesting a payslip.

However, candidates are not legally obligated to provide one.

How does the PDPA apply?

Under the Personal Data Protection Act (PDPA) 2010, payslips are classified as personal data, as they contain sensitive financial information such as:

  • Salary

  • EPF contributions

  • Tax deductions

  • Allowances

This means:

  • Employers must have consent to collect and process payslip data

  • The request must be reasonable, proportionate, and purpose-driven

  • Data collected must be secured and not misused

Candidates have the right to:

  • Ask why the payslip is needed

  • Refuse the request

  • Provide alternative or redacted information

If misuse occurs, complaints may be made to the Department of Personal Data Protection (JPDP).

Why Employers Ask for Payslips (and the Risks Involved)

Common reasons employers cite:

  1. Salary benchmarking – to assess alignment with budget

  2. Negotiation leverage – to guide offer levels

  3. Employment verification – to confirm past roles and income

The compliance risk:

When salary history becomes the sole decision factor, employers risk:

  • Ethical backlash

  • Talent disengagement

  • Reputational damage

  • Potential PDPA complaints if data handling is weak

Best Practices for Employers: A Smarter, Safer Approach

To balance transparency, compliance, and trust, employers should consider:

✔ Ask only when necessary

Payslip requests should not be automatic. Clarify the business purpose first.

✔ Seek informed consent

Explain clearly why the information is needed and how it will be used.

✔ Offer alternatives

Instead of full payslips, consider:

  • Salary range confirmation

  • Offer letters

  • Employment contracts

  • EPF contribution summaries

  • Tax documents (with consent)

✔ Focus on role value

Base offers on:

  • Job scope

  • Skills and experience

  • Industry benchmarks

  • Internal pay structures

This approach supports fair pay practices while reducing privacy and compliance risks.

What Does “Latest 3 Months’ Payslip” Mean?

Typically, it refers to the three most recent payslips issued by a current or former employer. Employers often use them for:

  • Income verification

  • Employment confirmation

  • Internal assessment

However, this request is not mandatory under Malaysian law, unless legally required or contractually agreed.

Key Takeaways for HR & Employers

  • Asking for payslips is not illegal, but not compulsory for candidates

  • Payslips are protected under the PDPA

  • Over-reliance on salary history can damage employer credibility

  • Ethical, skills-based hiring strengthens long-term talent retention

  • Transparent processes reduce disputes and compliance exposure

Frequently Asked Questions (FAQ)

1. Can employers ask for payslips in Malaysia?

Employers may request payslips, but written consent is required, and the request must comply with PDPA principles.

2. When is it appropriate to request a payslip?

Only when there is a clear, legitimate purpose and consent is freely given, or where required by law.

3. Can candidates refuse to provide payslips?

Yes. Candidates have the right to decline if they are uncomfortable or if consent is not mandatory.

4. What alternatives can employers use?

Employment letters, tax documents, EPF summaries, or direct verification with prior employers (with consent).

5. Who can employers or candidates contact for PDPA concerns?

The Department of Personal Data Protection (JPDP) or a qualified legal professional.