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Part time employee during probation period - working hour enquiry

dingbat
Member
Sat, 07 Jan 2017 11:56:07 PM  (Last updated: Mon, 09 Jan 2017 07:52:45 AM)

Hi Admin. 

I am currently on my first week of probation period (a part-time employee, no EPF, no SOCSO, monthly salary rm1500, working hour Monday till Saturday 10am-7.30pm with one-hour break, Sunday 9.30am-2pm). I have been informed verbally by the employer that Wednesday should be my off-day, however, during this first week of probation period, I have been required to work from Monday to Sunday (total working hour = 56.5 hour). I didnt signed any contract with the company. The information regarding my working hour and salary were informed by my employee verbally. So my questions are:

1) Is that the part-time employees are not entitled one rest day during probation period? As according to EMPLOYMENT ACT 1955 <EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010 9. (1)>, "A part-time employee shall be entitled to a rest day in each week if he works five days or more with a total working hours of not less than twenty hours a week." Is that my employee had been violated this regulation? 

2) Continued with question (1), if my employee have been violated the above regulation, can I ask for 2 times daily pay for the rest day that I have been ask to work? As according to EMPLOYMENT ACT 1955 <EMPLOYMENT (PART-TIME EMPLOYEES) REGULATIONS 2010 9. (2)>, " if a part-time employee is required by his employer to work at his normal hours of work on a rest day to which he is entitled under his contract of service, he shall be paid not less than two day’s wages at the ordinary rate of pay he is entitled to for that day. "

Thank you for your time. I am looking forward to hear some helpful guides from you. Thanks.

KL Siew
Administrator
Mon, 09 Jan 2017 07:52:44 AM

I am not so sure whether you are really a part time employee. In short, I  think the employer in this case is not following the laws. I would suggest that you pay a personal visit to the local Labour Department and talk to the officer there. Also, give a call to the EPF and SOCSO about the non contributions.