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Overtime Claims

Wong Janet
Member
Fri, 18 Nov 2011 11:02:41 AM  (Last updated: Thu, 23 Feb 2012 09:42:58 AM)

Our technical staff work on shift. If they work on a compulsory public holiday do we pay them 2 or 3x.

KL Siew
Administrator
Fri, 18 Nov 2011 03:22:11 PM

You are talking about overtime? It it is, then it is 3x hourly rate.

Wong Janet
Member
Mon, 21 Nov 2011 11:10:22 AM

Noted with thanks.

Wong Janet
Member
Mon, 21 Nov 2011 11:34:19 AM

Sorry Mr. Siew, 1 more question...cal. of O/T on a normal working day (basic salary/days of the mth./8 x 1.5). Is my cal. correct and on a PH O/T will be based on 3x after the normal 8 hrs.

farrah zainal
Member
Thu, 01 Dec 2011 08:38:07 PM

Hello sir,my name is Farrah working in MNC in Cyberjaya as a network analyst..there most of company operates 24x7 since we support global.My salary is almost RM5K,but we are just exec level.I worked on shift and weekends and public holidays..I have too many questions to ask.Hope you can help me since I desparately need assistance here..:(

-The OT rate and PH rate for us,since we have and scheduled to work on PH

-Do we entitle to get Ot rate still 1.5 or 2.0 or 3.0??

-We do not covered under the Employment Act,so regarding this issue how? What act we can refer since we are shifters,should entitle and we worked on 12hrs shift.

Many Thanks

KL Siew
Administrator
Sat, 03 Dec 2011 08:51:12 AM

To Janet: Yes, 3x for PH overtime is correct.

To farrah: Since your salary is over RM1500 and therefore you don't come under the Employment Act. Therefore, all of you should get together and negotiate with the company for better deals.  If you do it alone may not be very effective. That the way to fight for your rights.

wong rong
Member
Fri, 17 Feb 2012 04:42:34 PM

Hi KL Siew,

Currently i face a conflict about replacement leave and additional allowances issue with my company. The scenario is like below:

My company policy is if staff work over weekend & public holiday then he will entitle with a replacement. However, i had request from my boss (the director of company) that i want additional allowances (eg meal & transport allowances) on top of the replacement leave. My boss has agree on it and pass to HR to follow up. Before CNY, i had get the payment of allowance (the calculation of allowance is 2x ORP for weekend & 3X ORP for Public Holiday). And now i wanna resign from that company and i had deduct the replacement leave when i estimated my last day. However, now my HR not allow me to deduct the my replacement leave since they had paid me the allowance (like encash my replacement leave).

My question is  did the HR has the right not allow me to take the replacement leave? FYI, i had email that prove that the payment they is additional allowances not encashment of replacement leave. Kindly advice me what should i do to protect my right. Thank you. 

KL Siew
Administrator
Sat, 18 Feb 2012 09:44:28 AM

Try to sort that out with your HR or your director. Not worth wasting time to bring the matter to the Labour Office, I suppose.

wong rong
Member
Sat, 18 Feb 2012 09:37:18 PM

Hi Siew,

I will sit down with MY HR to settle this matter. I also not wish to bring this matter to labour office. Anywhere, thank you for your suggestion. 

Stephanie Foong
Member
Wed, 22 Feb 2012 12:05:43 PM

Hi KL Siew,

If the working hours for a week is 48 hours, the employee worked 50 hours in week 1, does the employer have the right to ask the employee to work less by 2 hours in week 2 (i.e. only 46 hours) instead of paying the 2-hour OT to the employee for week 1?

Looking forward to your reply. Thanks a lot.

KL Siew
Administrator
Wed, 22 Feb 2012 03:42:45 PM

A proviso in Section 60A(1) of the Employment Act quoted below may be helpful, if both parties have no problem with such an  arrangement.

 

60A(1)(iii) where, by agreement under the contract of service between the employee and the employer, the number of hours of work on one or more days of the week is less than eight, the limit of eight hours may be exceeded on the remaining days of the week, but so that no employee shall be required to work for more than nine hours in one day or forty-eight hours in one week.

Stephanie Foong
Member
Thu, 23 Feb 2012 09:42:58 AM

Hi KL Siew,

Thanks for your advice.

Can we say that the crucial part of the argument is the existence of the clause stated in the contract of service between the employee and the employer?

1. If there is such a clause - Does the employer have the right to adjust the number of working hours instead of paying OT?

2. If there is no such a clause - Must the employer pay the OT instead of adjusting the number of working hours?

3. If there is no such a clause but number of working hours of the employee have been shortened as replacement leave (in hours) - Is the employee still entitled to claim back the OT pay from the employer?

Your kind assistance and advice are highly appreciated. Thank you.

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