RegisterLog In

Newly Imposed Overtime Rule - with Meal Allowance

Ken Lu
Member
Wed, 08 Apr 2015 10:56:41 AM  (Last updated: Wed, 08 Apr 2015 03:04:38 PM)

Hi,

There has been a newly imposed overtime rule to employees in my team by the managers to stay an additional 2 hours after normal working hours (9-6). To compensate, a 'meal allowance' of RM10 can be claimed (for hours 8pm and above).

My question is, under EA, I believe the maximum work hours per week is '48 hours' and by imposing 2 additional hours daily, this means 40 normal working hours + 10 hours additional = 50 hours total per week? Another question is, is meal allowance a form of 'OT' pay or can be considered this way? Isn't 'meal allowance' more of a gesture to compensate an employee's dinner time and not OT pay. Also, can OT pay be requested instead of 'meal allowance' by an employee for working additional work hours?

Secondly, another rule has been put in place. Either work the additional 2 hours until 8pm, or take up lunch hour (1 hour) and work until 7pm. I believe under EA - an employee cannot work more than 5 consecutive hours (9-1, 1-7)?

Thanks.

KL Siew
Administrator
Wed, 08 Apr 2015 02:09:26 PM

1. As far as the Employment Act is concerned, OT should be paid and not with meal allowance. 

2. Any hour of work after 6pm should be overtime. It does not mean that a 1 hours break(EA says at least 30 minutes) must be given after 6pm and then overtime work can begin.

Ken Lu
Member
Wed, 08 Apr 2015 02:17:35 PM
Originally posted by KL Siew on Wed, 08 Apr 2015 02:09:26 PM

1. As far as the Employment Act is concerned, OT should be paid and not with meal allowance. 

2. Any hour of work after 6pm should be overtime. It does not mean that a 1 hours break(EA says at least 30 minutes) must be given after 6pm and then overtime work can begin.

It has been a challenge just trying to obtain information from HR regarding if my company is EA or not, they are still checking on it and seem a little surprised when asked about it for some reason - chances are it may not be under EA.

In the event the company is not under EA, what are my rights to OT / work hours? Can my employer 'force overtime' to its employees? My employment agreement did not mention anything about OT or OT pay. 

  

KL Siew
Administrator
Wed, 08 Apr 2015 02:26:54 PM

Actually, the EA only covers non manual employees with salary not more than RM2000. If you are not covered, the overtime rules and others are not applicable to you. However, pay RM10 for requiring to work two hours OT looks like any insult. Try to negotiate with your HR and not with the managers for a better deal then.

Ken Lu
Member
Wed, 08 Apr 2015 02:49:08 PM
Originally posted by KL Siew on Wed, 08 Apr 2015 02:26:54 PM

Actually, the EA only covers non manual employees with salary not more than RM2000. If you are not covered, the overtime rules and others are not applicable to you. However, pay RM10 for requiring to work two hours OT looks like any insult. Try to negotiate with your HR and not with the managers for a better deal then.

Thanks a lot for the reply. I did ask HR about the mere RM10 for the two hours OT daily, and just gotten their response, something along the following lines:

"Overtime has been requested and not doing so may affect or have negative impacts on company business, then it is obligation of the employees to perform their jobs more effectively rather than complaining about working overtime. It is not compulsory for company to pay executive level overtime. However, most companies will give allowances in case overtime work needed.  In this case, meal allowance."

I have changed the words so as to not be exact but this was the point they made. Is it true about what they said? If they are unwilling to negotiate the allowance (can they be unwilling/outrightly reject to do so?), who should I complain / report ? They also said the company is not under EA. My salary is above RM2k as well.

Thanks.  

KL Siew
Administrator
Wed, 08 Apr 2015 03:04:38 PM

Try the Industrial Relations Department see whether they be of any help in this dispute of meal allowance.

  This topic is closed