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Sat, 18 May 2019 08:48:45 AM  (Last updated: Sat, 18 May 2019 03:29:40 PM)

Hi good morning,

I have one staff who tender her resignation and her last day is 06/06/2019, our operation hours is 10 hours, and this procedure brief to each staff during 1st day report duty, and stated clearly in our LOA (working hours = 8hrs, Prayer(Solat) 3 times (15 min each) total 45 min, lunch is 45 min, breakfast 15 min and tea break is 15 min, so all hours is 10 hours. This is our nature of business in service industry.

Now she went to labour department and wanted to claim the 2 hours from 2014 she start working till this year she tender her resignation, where I think is not fair to the company, she sign every company rules and regulation, she was aware of our nature of business.

Is there any law mention about the LIMITATION ACT FOR CLAIMING PER YEAR ? If yes please advice me.

Can this staff fight the two hours even though she know the company procedure and rules.

And this is not fair she only claim all this after her tender resignation. 

Our company have procedure for claiming OT, indivudual head of department will do the approval for each OT perform, when there is no instruction and no OT form submitted for approval NO payment will be made.

Please advice.

Thank you.

KL Siew
Sat, 18 May 2019 03:29:40 PM

If you have received notice from the Labour Department you can contest the case there or if necessary, get a lawyer to do it for you.

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