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Working Hours for Personal Driver

Aronac
Member
Fri, 09 Nov 2018 02:25:08 PM  (Last updated: Fri, 09 Nov 2018 04:47:48 PM)

Hi,

At the moment we engage a personal driver and the working hours are from 7am-6pm (Monday - Friday) and 9am-6pm (Saturday) with one hour break. The basic salary is above RM2200.

1. Does that means we we will need to pay him OT on
Monday to  Friday : 4pm - 6pm (2 hours OT each day) excluding 1 hour break?

2. Lunch break can be exluding in the working hours calculation, am i right?

3. Since driver is consider a manual workers, can we give a fixed salary and put in the appointment letter that the salary is inclusive of OT?

4. Is it wrong to pay a fixed rate and request the driver to work 7am-6pm (Monday - Friday) and 9am-6pm (Saturday) without OT payment?

Look forward for your input.

KL Siew
Administrator
Fri, 09 Nov 2018 04:47:48 PM

1. Overtime wages is payable as long as the total working hours (excluding lunch breaks) exceed 8 hours.

2. If you want to pay fixed overtime wages, you better put it as a separate in the payroll and payslip. However this can be subjected to dispute if the fixed amount does not reflect the amount otherwised earned based on actual number of hours of overtime work.

To me, it is always advisable to pay overtime wages based on actual overtime hours worked.