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Overtime claim and rest hour after midnight work

TL Lee
Member
Tue, 20 Mar 2012 08:14:47 PM  (Last updated: Wed, 04 Apr 2012 06:19:24 PM)

Hello,

Greetings to everyone here. I need help for the below inquiry:

Example:

My staff has extra work on certain nights. Job starts at 12:30am and finishes at 2am. heworks for 1 hour  and 30 minutes overtime claim.  So my question here is:

a) what is his overtime claim rate? (1.5 or 2 times his basic salary)

b) how many hours of rest hour is he entitled before reporting back to work the next day? or he is not entitled for rest hours since he's getting paid for overtime?

Thanks.

Regards,

Jonathan Lee

KL Siew
Administrator
Wed, 21 Mar 2012 08:38:36 PM

In my opinion the 1.5 hours is the extension of the previous 8 hours work and there overtime rate should 1 5x . Check wth the Labour Dept.

TL Lee
Member
Wed, 21 Mar 2012 09:18:44 PM

Thanks for your input KL Siew! Do you have their contact number? I tried calling 03-8886 5555. there were no reply.

Damien Siew
Administrator
Thu, 22 Mar 2012 10:39:57 AM

Maybe try 603-8871 1245 / 603-8871 1246 / 603-8871 1279.

This is from their website.

TL Lee
Member
Wed, 04 Apr 2012 06:19:24 PM

Hi there.

Thank you for the contact numbers Damien. I managed to speak to one of the officer named En. Rihan (hope i spelled his name correctly). According to him, there is no law stating that the employer has to provides how many hours of sleep to their empoloyee after any overtime work. There are such act in the law. As long as overtime is paid it is up to the management to decide their next day working hour. 

Additional information i gathered from them is a worker is not allowed to work more than 104 hours overtime in a month (26 days in total after minus out sundays). Average out to 4 hours a day. It is wrong to force your employee to work more than than 104 hours overtime.

I hope this will help others in the near future.

Regards,

Jonathan Lee

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