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What is a casual worker in Malaysian labor law?

tlek
Member
Thu, 31 Jul 2014 05:00:13 PM  (Last updated: Fri, 01 Aug 2014 06:16:22 PM)

Which or What benefits that casual worker will get from emplyer

* Annual Leave 
* Sick leave
* OT Payment
* Work on rest day and/or OT on rest day
* etc.

What a paid rate to pay them (minimum wage or the other) ?
Foreinner worker can be work as a casual worker?

Where I can find these my question , please advise.

KL Siew
Administrator
Thu, 31 Jul 2014 06:18:31 PM

I am not sure what you actually meant by casual worker. If you mean part time workers, you can read up the Employment (part time employee)Regulations.

tlek
Member
Thu, 31 Jul 2014 08:10:45 PM

* Thank you very much KL Siew ,

* I'm also not sure what it mean "casual worker" but my boss said some of them ineligible to get some benefit and compensation same as "contract workers" such as ; annual leave 

* I'm read document in link you advice , it said "part time employee" and found a little point different to " full time employee" such as

  - entitled to paid on 7 days vs 10 day of public holiday of full time employee

  - entitled to paid on 6 days vs 8 days for every 12 months of service (continuous) of full time employee

  - etc.

* So , It mean "casual workers" or "casual employee" may be not have in Malaysia labour laws , right? 

KL Siew
Administrator
Fri, 01 Aug 2014 12:35:31 PM

There is no definition of "casual worker" in the EA. From my experience, a casual worker is one who is engaged to perform certain job on ad hoc basis and the job is not part of the company's normal trade or business of the company. For example, the factory that produces garment need a coat of painting, the company get someone to do it, the he is a casual worker. Should any accident happen to him while doing the painting, the company is not liable for any compensation or other benefits. However, for another example, if the company has suddenly produced a lot of garments due to certain demand, and the company needs extra hands to do the loading on a particular day, the extra hands are also casual workers. But there is a problem, if accident happens during loading, the company then cannot wash its hands of any liability because the job was part of the trade and business of the company.

Since you did not mention the type of casual work and how often casual workers are required to work, I leave it to you to look into. Or, you can go personally to the Labour Department and discuss the matter with the officer there.

tlek
Member
Fri, 01 Aug 2014 06:16:22 PM

Thank you very much KL Siew ,

Its very very clearly and simply explanation from you unnecessary to find the other one any more 

My sincerely
TLek

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