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Casual worker - working hour & break time

Zayn
Member
Wed, 23 May 2018 12:51:43 AM  (Last updated: Thu, 24 May 2018 08:02:44 AM)

Hi,

I'm working as a part timer in a cafe (F&B). My hourly rate is RM8 and there is no employment contract and minimum working hour.

Currently I'm working 2 days per week, 1 is 930am - 5pm and another day is 5pm - 1030pm, my question is am i entitled for short break in betwwen work like the one provided in S60A(1) Except as hereinafter provided, an employee shall not be required under his contract of service to work (a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

I think it is ridiculous to work so many hours consecutively without having any lunch or dinner break.

Kindly advise. 

Thank you.

KL Siew
Administrator
Wed, 23 May 2018 01:42:59 PM

Instead, I think you should read up the Employment(Part Time Employees)Regulation for the necessary info. If you need more info, you can contact the Labour Department.

Zayn
Member
Wed, 23 May 2018 04:25:03 PM

Hi KL Siew,

Thanks for your prompt reply.

I've read up the Regulations, however I'm not clear whether it is applicable to me. 

This is an extract from the Regulation: 

3. These Regulations shall not apply to a part-time employee— 

(a) who is engaged occasionally or on an irregular basis, as and when needed, and whose working hours in one week does not exceed thirty per centum of the normal hours of work of a full time employee in one week (who is also known as a casual employee); and 

(b) who performs work for an employer within the employee’s residence, irrespective of occupation (who is also known as a home working employee). 

For your reference, I am not a home working employee, however I work less than 30% of 48 hours per week. Futhermore, there is no mentions of break time in the Regulation itself.

Your reply will be highly appreciated.

Thank you.

KL Siew
Administrator
Wed, 23 May 2018 05:42:28 PM

Since you concern is the absence from short break, why not just go and discuss with the boss? I am sure there are other young persons like you doing part time for pocket money in the cafe and you can also discuss with them to get together to tackle the boss about such matter.

Zayn
Member
Wed, 23 May 2018 06:35:33 PM
Originally posted by KL Siew on Wed, 23 May 2018 05:42:28 PM

Since you concern is the absence from short break, why not just go and discuss with the boss? I am sure there are other young persons like you doing part time for pocket money in the cafe and you can also discuss with them to get together to tackle the boss about such matter.

Reason being is that they have already decided on new policy and those who wish to take a break will have to punch out and the salary will be deducted accordingly. 

But anyway, thank you so much for replying. 

KL Siew
Administrator
Thu, 24 May 2018 08:02:44 AM

I see, you still can punch out if you wish to do so. Of course, since you are paid by the hours, you don't expect to be paid for your leisure time.

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