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WORKING HOURS

ally
Member
Tue, 16 Jul 2019 03:54:07 PM  (Last updated: Wed, 17 Jul 2019 03:39:02 PM)

Hi,

Need advice on this matter.  Working with one company category 'service' and our working hours is 10 hours per day as follows :

Working hours = 8 hours / Breakfast = 15 min / Prayer(Solat) = 15 min X 3 times a day = 45 min / Lunch = 45 min & Tea Break = 15 min, all together is 10 hours. This working hours will be brief to staff before their start working and accepting the job. This company already practice this for many years. Every year audit by JTK also we stated our operation staff hours will be 10 hours per day.

Happen one case, the staff complaint to JTK about the 10 hours per day, she want to claim the 2 hours paid to her since 2014 till 2019. Can we fight for this case?

Any advice ?

Regards.

KL Siew
Administrator
Wed, 17 Jul 2019 09:09:51 AM

What is your normal working hours: from what time to what time?

mdkamil
Contributor
Wed, 17 Jul 2019 03:39:02 PM

Refer Sec 60A (1)(c) of the Employment Act 1955, which says Employer cannot request Employees to work in excess of a spread over period of 10 hours in one day.

This simply means the total hours (working hours + break hours) cannot be more than 10 hours per day.

Based on your statement, your Employer is not in breach of Sec 60A. Since your total working hours per day is 8 hours, there is no overtime work done even though you spend total of 10 hours at work.

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