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Change of name from overtime ( OT ) to something else?

concerned
Member
Tue, 06 Oct 2015 05:56:51 PM  (Last updated: Thu, 08 Oct 2015 08:24:00 AM)

Hi,

i) do employers have the right to change the name from overtime to anything else? example extra hours.

ii) this 'extra hours' since the name has changed, is it still subjected to the common laws of over time?

- My company has changed the term overtime to something else.

- they do not honour the 1.5 / 2.5 / or 3.0 rates 

- my basic is 3700.00, per month of 22 working days breaks it down to 168.18 per day and 18.68 per hour.

however the employers have drawn a table for the 'extra hours' worked.

4 hours : rm60

​8 hours : 100.00

on the same note, my employers also practise forced overtime.

forced overtime meaning the employee is subjected to work on his/her off day. Compulsory!

failure to accept will be dealt with HR's interference which could lead to termination.

the forced overtime ( extra hours in the case of my company ) would have the flat rate of RM100.00 for 9 hours.

Assuming you are working more than the scheduled 9 hours, the rate remains fixed at 100.00 net!

Can the employers do this? the company is a large financial institution.

Please help.

KL Siew
Administrator
Wed, 07 Oct 2015 09:31:16 AM

Since your salary is more than RM2000, you are not covered by the Employment Act. So, your employer may not want to follow the Act to pay 1.5x, 2x and so on, which they feel to be too costly. As they give you lower rates. They don't contravene the Employment Act in doing so. Of course, as employee, no one will be happy about it. What you can may be to negotiate with your employer for better OT rates if they cannot follow the Act.

However, for some employers, they put a salary ceiling to OT calculation. For anyone with salary more than 2K, they use 2K as the ceiling for OT calculation and the OT rates will then be 1.5x, 2x, 3 x. So, see whether you can propose this method of OT payment, to be fair to both sides.

concerned
Member
Thu, 08 Oct 2015 02:21:40 AM
Originally posted by concerned on Thu, 08 Oct 2015 08:24:00 AM

Hi,

i) do employers have the right to change the name from overtime to anything else? example extra hours.

ii) this 'extra hours' since the name has changed, is it still subjected to the common laws of over time?

- My company has changed the term overtime to something else.

- they do not honour the 1.5 / 2.5 / or 3.0 rates 

- my basic is 3700.00, per month of 22 working days breaks it down to 168.18 per day and 18.68 per hour.

however the employers have drawn a table for the 'extra hours' worked.

4 hours : rm60

​8 hours : 100.00

on the same note, my employers also practise forced overtime.

forced overtime meaning the employee is subjected to work on his/her off day. Compulsory!

failure to accept will be dealt with HR's interference which could lead to termination.

the forced overtime ( extra hours in the case of my company ) would have the flat rate of RM100.00 for 9 hours.

Assuming you are working more than the scheduled 9 hours, the rate remains fixed at 100.00 net!

Can the employers do this? the company is a large financial institution.

Please help.

Thanks KL Siew.

to top that up, can employers force you to work on your off / rest day?

KL Siew
Administrator
Thu, 08 Oct 2015 08:24:00 AM

Although you don't come under the Employment Act, section 60A(2) of the Act does give some guidance in such a matter, you decide:

"..

(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:..."

  This topic is closed