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Employment Act & Jabatan Perusahaan Malaysia

Thu, 19 Jul 2018 01:51:22 PM  (Last updated: Fri, 20 Jul 2018 09:07:44 AM)

Dear Advisor, need help on A few questions:-

1)We have one colleague salary is RM2,860, is he cover by either Employment Act & Jabatan Perusahaan Malaysia? He always code his previous employment & he had been working in this company since Jan 2016. What is the different between these 2 acts?

2) Our mother company is based in Hong Kong, we use the standard Letter Offer & handbook same as Hong Kong to prepare for Malaysian based company, Now he requested us to list out the Malaysia Public Holiday rate in the handbook. Must we listen to him to amend?

3) He work on 15/6/18 is Hari Raya (Friday), we calculated his PH rate Monthly Basic/26 x 2. He requested why his salary for PH is not calculated based on basic/22 day, as he work only for 22 days per month. HOw should i reply to him?

KL Siew
Fri, 20 Jul 2018 09:07:44 AM

1. The Employment Act covers employees as per the First Schedule whereas the Industrial Relations Act deal mainly with dismissal cases.

2. The Malaysian based company might have been registered in Malaysia as a Sdn Bhd and as such Malaysian public holidays should be used.

3. Since there is a dispute, the best way to do is to consult the Labour Department and get an official ruling. Give them a call.

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