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Salary & OT Calculation

Erica Lim
Thu, 06 Oct 2016 11:55:53 PM  (Last updated: Fri, 07 Oct 2016 05:00:32 PM)
Hi,I would like to ask about the staff salary and over time calculations. The staff salary basic is RM 1,200.00 per month. I counted their salary for September as below:(Basic ÷ 30 days x actual work days) + allowance But the staff insist the formula is wrong and it should be divide by 26 days instead of follow calendar day. 1. Can te company insist the salary calculation by follow the calender days? Is the vomoany has the right to decide the calculation of salary divide by calender day or 26 days?2. I counted their OT by (basic ÷ 30 days ÷ 8hours) × 1.5 × total OT hours. Is it correct if the company count salary follow calender day? 3. The staff is pregnant now and she didn't inform at the time during interview. She has to go for pregnancy checkup twice a month. But she back to work after checkup but sometime more than half day. Can the company deduct from her annual leave or unpaid leave for the half day checkup? Is the staff entitled to go for pregnancy checkup without taking any leave or campany not allow to deduct the payment for the time absent?4. She just joined the company on 1st July this year but she delivery baby March 2017. She still under probation because of poor performance and she just started work wih the company less than 1 year. Is she entitled for 2 months maternity leave?Thank you.
KL Siew
Fri, 07 Oct 2016 05:00:32 PM

1. For salary calculation, you may consult the Labour Department about the correct method for the calculation.

2. You seem to be quite unfamiliar with the Employment Act. Go through Part 12 of the Act for all the things you need to know and do.

3. You should have a clear policy how the matter should be treated. Set a policy whether it should be annual leave or no pay leave.

4. Yes, she is entitled.

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