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overtime inquiry for Sales Assistant with Sales Commission

Sunny KM
Member
Tue, 19 Sep 2017 10:56:27 AM  (Last updated: Tue, 19 Sep 2017 06:26:07 PM)

Hi Mr. Siew,

We are in the Retail line (business hour: 10am to 10am) and here are some of the background:
- We pay Sales Commission to Sales Assistant (working hour: 10am to 10pm, with 1 hour break for lunch and 1 hour for dinner).
- Rest day of Sales Assistant is on any one day of Weekday. (one day per week). So Saturday and Sunday is work day of Sales Assistant.
- If Sales Assistant achieve full 6 day per week attendance, we provide attendance allowance.
- All these details is stated in our Employment Contract.

Need your advise on the following:
1. Is our Sales Assistant entitled for Overtime Pay? (for 2 hours per day)
2. If Overtime Pay is compulsory, how do i calculate the Overtime pay for weekday and Sunday?
3. Is the Attendance Allowance consider part of the Wages? is it Part of the Ordinary Pay Rate?

Hope to hear from you. Appreciate in advance.

Sunny

KL Siew
Administrator
Tue, 19 Sep 2017 12:28:18 PM

Overtime formula is (salary/26/8) x 1.5 x OT hours.

If attendance allowance is variable then it is not to be included. Give a call to the Labour Department to confirm.

Sunny KM
Member
Tue, 19 Sep 2017 05:36:12 PM
Originally posted by KL Siew on Tue, 19 Sep 2017 12:28:18 PM

Overtime formula is (salary/26/8) x 1.5 x OT hours.

If attendance allowance is variable then it is not to be included. Give a call to the Labour Department to confirm.

Hi Mr. Siew,

Is it the OT pay is compulsory eventhough we stated that "no OT for Sales Assistant" in the employment contract?

Please advise.thanks.

Sunny

KL Siew
Administrator
Tue, 19 Sep 2017 06:26:07 PM

That condition is not valid. Give a call to the Labour Department and get an official ruling.

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