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Overtime & Work on Saturday

Guest
Member
Thu, 03 Apr 2014 05:16:33 PM  (Last updated: Sat, 12 Apr 2014 03:54:28 PM)

Dear Mr. Siew,

Seeking for your advise

As I know that the following employee are cover by Employment Act 1955

(a) Any employee as long as his month wages is less than RM2000.00 and

(b) Any employee employed in manual work including artisan, apprentice, transport operator, supervisors or overseers of manual workers, persons employed on vessels and even domestic servants are classified as employees even if their wages is more than RM2000.00 per month.

My question:

1) A Warehouse Assistant (Main duties is picking of stock) Basic salary at RM2000 or above, is he cover by Employment Act 1955?

2) If my employee refuse to work OT on normal day, saturday/ sunday/ PH due to a work to be complete on time for operation purpose, what action can we take against those employees? Can employer issue warning letter to those employees?

3) If this employee already have fixed transport allowance in his monthly salary, can he request for additional transport claim for coming back to work on Saturday (Off day) & Sunday (Rest day)? My Boss refuse to pay additional transport allowance to those employees due to they are coming back to the work at the same working place, but they still insist they are entitle for it.

4) I know that the employee basic salary less than RM2000 is cover by Employment Act 1955, but if he work on Saturday (which stated Saturday is off day & Sunday is rest day in his employment Letter), can employer compensated by an equal number of hours of time-off from work?

Thank you & best regards,

Leanne

KL Siew
Administrator
Thu, 03 Apr 2014 06:05:17 PM

1. You have to look at the nature of work. Is it more manual than otherwise, requiring special knowledge of the items, education level required and so on? If you really have difficulty in defining it, you may have to consult the Labour Department and get an official ruling.

2. Basically by law, workers are entitled to rest days and the law also says workers are not to be compelled to work overtime. But, there is always a 'but'. Section 60A(2) quoted below is quite clear about it.  Employees normally, should not refuse to work overtime and I supposed the employer can take disciplinary action against them if they unreasonably refuse to do. Otherwise, the company cannot run.

"(2) An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of:

    (a) accident, actual or threatened, in or with respect to his place of work;

    (b) work, the performance of which is essential to the life of the community;

    (c ) work essential for the defence or security of Malaysia;

    (d) urgent work to be done to machinery or plant;

    (e) an interruption of work which it was impossible to foresee; or

    (f) work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967:

Provided that the Director-General shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in paragraphs (a) to (f)."

3. That is something that has to be sorted out with the boss. I think should be paid extra, to be fair. The fixed allowance is meant for normal working days I suppose.

4. I don't think it can be done that way unless the workers agree and don't complain.

Guest
Member
Thu, 03 Apr 2014 07:23:13 PM

Noted! Thank you so much for your advice.

1) Can I know the contact number for Labour Department?

3) It is the additional transport allowance is cover by Employment Act and must pay to employee? Or it just can be treated as extra benefit by employer and depend on company policy or management approval.

4) Can I know that even we are 5 days per week, but in employment letter is clearly stated that Saturday is Off day and Sunday is Rest day and also stated that any work done during Saturday will compensated by an equal number of hours of time-off from work and the employee already signed on it, we still can't do it on that way?

As I know that some company are require employee to work on Saturday during festival season or certain period due to nature of business, and without any compensate. Is it compliance?

Actually my Boss are try to be fair to the employee, but some times they are too demanding. The overtime require is also because of the mistake make by them.

Thank you & best regards,

Leanne

KL Siew
Administrator
Fri, 04 Apr 2014 10:55:33 AM
G_T
Member
Sat, 12 Apr 2014 03:54:28 PM
Originally posted by Guest on Thu, 03 Apr 2014 07:23:13 PM

Noted! Thank you so much for your advice.

1) Can I know the contact number for Labour Department?

3) It is the additional transport allowance is cover by Employment Act and must pay to employee? Or it just can be treated as extra benefit by employer and depend on company policy or management approval.

4) Can I know that even we are 5 days per week, but in employment letter is clearly stated that Saturday is Off day and Sunday is Rest day and also stated that any work done during Saturday will compensated by an equal number of hours of time-off from work and the employee already signed on it, we still can't do it on that way?

As I know that some company are require employee to work on Saturday during festival season or certain period due to nature of business, and without any compensate. Is it compliance?

Actually my Boss are try to be fair to the employee, but some times they are too demanding. The overtime require is also because of the mistake make by them.

Thank you & best regards,

Leanne

Can't pamper the workers too much. Once the company lose its system just to please the workers, they'll step on the manager's head.

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