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Normal Working Hour and Overtime

LLow
Member
Mon, 25 Nov 2013 02:56:51 PM  (Last updated: Thu, 28 Nov 2013 04:43:04 PM)

Hi MyLabourLaw,

I would like to ensure if working hours from 8am to 6pm is comply with the Normal Hours of work as define in the Act? One hour is lunch break and basically nett working hour is 9 hours and we work on 5 days week. Is Normal Hours Work actually inclusive of lunch break?

Ovetime is define as work done in excess of "Normal hours of work", in this case, can I confidently saying the overtime is starts after 6pm only?

If Company only work on 5 days week (Mon to Fri), is Saturday consider similar as Sunday where the OT rate will be at X2 rate?

All these while, Company practise was paying OT as long as staff working beyond the first 8 hours (inclusive of lunch break). Can they change the rules to deduct the 1 hours break or even the Friday prayer time from the overtime hours calculation?

If the Company do not require staff to perform work on Saturday (suppose normal working days is from Mon to Sat), can they reduce the OT hours earned by 8 hours with the reason that you are not working on Saturday?

Hope to hear from you soon.

Thanks.

KL Siew
Administrator
Mon, 25 Nov 2013 08:09:21 PM

9 hours x 5 days comes to 45 hour only and it does not exceed 48 hour per week as stated in the Employment Act. I think there is no overtime in this case. Consult the Labour Department to confirm.

mdkamil
Contributor
Thu, 28 Nov 2013 04:43:04 PM

Hi,

Refer EA Section 60A (3)(b) - "overtime" means the number of hours of work carried out in excess of the normal hours of work per day.

If your normal working hours per day is 8.00 am to 6.00 pm, I think the overtime starts after 6.00 pm.

If Company only work on 5 days week (Mon to Fri), is Saturday consider similar as Sunday where the OT rate will be at X2 rate?

In this case, Saturday is set as Off Day and Sunday is set as Rest Day. So the OT rate on Saturday is 1.5 and Sunday is 2.

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