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Commission and Overtime

Jeff
Member
Tue, 09 Jul 2013 03:56:24 PM  (Last updated: Thu, 11 Jul 2013 09:56:42 AM)

Dear All,

I have a two quick questions.

1) Commission: 
I get commission for my sales as per invoice.
- In a scenario where my company would like to include trade-in goods from the client as per indicated in the invoice (e.g. 100k -10k Trade In = 90k), do I get the commission base on 100k, or 90k?
- In a scenario where I have obtained the Purchase Order (e.g. 100k), and due to complications my company has to provide extra logistics, would I get commission base on 100k or after deduction of extra logistics?
- In a scenario same as the above, entertainment fee for the client after obtaining a Purchase Order, would I get commission base on 100k or after deduction of entertainment fee?

2) Overtime:
I was told that I would not get any overtime benefits. Is there any rule stated that an employee shall be reimbursed for overtime whether in monetary or days off benefit to compensate?

As my company does not share much on employee benefits, there are much time that I feel that I am overworked. There is a scope which is written in the LOA that I have to perform whatever duties that is given by my superior. Is such vague scope valid?

Please do advise. Thank you for your time in helping me.

KL Siew
Administrator
Wed, 10 Jul 2013 03:09:05 PM

1. For commission on trade-in, you will have to clarify with your employer.

2. The Employment Act only covers non manual employees with salary of not more than RM2000. If you are covered by the Act, you should be entitled to overtime if you are required by your employer to work overtime. You can also make complaint at the Labour Department if your employers fails to provide benefits under the law.

Jeff
Member
Wed, 10 Jul 2013 04:11:51 PM
Originally posted by KL Siew on Wed, 10 Jul 2013 03:09:05 PM

1. For commission on trade-in, you will have to clarify with your employer.

2. The Employment Act only covers non manual employees with salary of not more than RM2000. If you are covered by the Act, you should be entitled to overtime if you are required by your employer to work overtime. You can also make complaint at the Labour Department if your employers fails to provide benefits under the law.

Dear Siew,

Thanks for your reply.

1. May I ask what about the commission deducted due to extra cost or entertainment fee after securing a PO. Is it lawful to deduct in such manner or its entirely up to the company which is not governed by any law?

2. My basic is below RM2000 however my commission averages around RM4000 - RM5000 monthly. Am I lawfully be paid compensations for overtime work or as my company states "Salesperson are not entitled to overtime due to its unknown nature"

Just need to clarify before I bring this up to my superiors.

Thank you for your time.

KL Siew
Administrator
Thu, 11 Jul 2013 08:39:32 AM

1. There is no law how commission should be paid.

2. If you know how much overtime work you have done and how much overtime wages the company owes you, you still can make complaint at the Labour Department since your salary is below 2000. Let them look into the matter. Your case may not be a simple one. The commission they are paying you may have included some elements of overtime work due to, as they said,  due to unknown nature.

Jeff
Member
Thu, 11 Jul 2013 09:56:42 AM

Dear Siew,

Thank you for your prompt reply. I am clear of the situation now.

Have a good day.

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