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Overtime VS warning letter

jassyong
Member
Mon, 15 Jul 2019 11:00:49 AM  (Last updated: Tue, 16 Jul 2019 11:00:27 AM)

Dear Ms Siew,

Good morning, Ms Siew. can i know that should any labour law action pointed to the overtime ? Explanation clearly is employee do not want to do the overtime, should we need to prepare a warning letter and have any clause for this kind of problem in labour law ?

Thanks

KL Siew
Administrator
Mon, 15 Jul 2019 07:48:54 PM

The following provision in the Employment Act may give some guidance.

Employment Act section 60(2) An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of—

(a) accident, actual or threatened, in or with respect to his place of work;

(b) work, the performance of which is essential to the life of the community;

(c) work essential for the defence or security of Malaysia;

(d) urgent work to be done to machinery or plant;

(e) an interruption of work which it was impossible to foresee; or

(f) work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967:

Provided that the Director General shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in paragraphs (a) to (f).

jassyong
Member
Tue, 16 Jul 2019 09:42:21 AM

Dear Ms Siew,

Good morning, Ms Siew, so we can prepare the warning letter to them if employee do not want to do the overtime ?

Can we know that warning prefer give in verbal or in writing ?

Thanks

KL Siew
Administrator
Tue, 16 Jul 2019 10:55:51 AM

Of course you can especially when he unreasonably refused to do overtime. If it is the first time and he has some good reasons for not wanting to do ot, a verbal warning may be good enough

jassyong
Member
Tue, 16 Jul 2019 11:00:27 AM

Attn : Ms Siew

Good morning, Ms Siew, thanks for your good advise.

Thanks

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