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Overtime for above RM2,000 salary (supervisor, driver)

Anna HR
Member
Sun, 10 Feb 2019 02:27:26 PM  (Last updated: Sun, 10 Feb 2019 06:12:18 PM)

My company is paying supervisors & drivers earning more than RM2000 basic, at an OT flat rate of RM10 per hour & replacement leave for work on PH. The blame will be on HR person - since the supervisor has gone to Jab. Tenaga Kerja to complain on his OT claims. 

I was advice by a previous operations manager (which has already resignedI thought it would be allowed as my previous company also practise that.Eg; Non exec earning above RM 2000 (usually 2500-3200), all our OT is calculated based on RM2000 base salary. (2000/26/8 x 1.5 = RM 14.4231)

1. Is this allowed? I am confused as all my previous company is practising this.

The company is making me liable for this JTK case. Which any fee or damages will be bourned by HR person.

2. is this legal? 

The manager has resigned, now the blame will be on HR person - since the supervisor has gone to Jab. Tenaga Kerja to complain on his OT claims. As the company has left the operation to 1 sole person - Accounts cum Admin cum HR cum operation person.

2. Is there any clause in Act to protect the HR person ?

Thank you.
 

KL Siew
Administrator
Sun, 10 Feb 2019 06:12:18 PM

In my opinion, supervisors of workers and drivers are covered by the Employment Act, irrespective of how much wages they are getting. Overtime should be calculated based on their actual wages (salary/26/8) x 1.5 x numbers of overtime hours. Since someone has gone to make complaint at the JTK, in that case, just let the department look into the matter and advice.