RegisterLog In

Daily Rated Employee - OT on Public Holiday

Nisha
Member
Thu, 09 Jan 2020 03:50:19 PM  (Last updated: Fri, 10 Jan 2020 10:22:02 AM)

Hi.

- I have daily rated workers. If he comes, he gets paid. If he doesnt come, no pay.

- Our Normal working hour is 8.30am ~ 5.30pm.

- 1 day salary is RM80

Whether my understanding is correct as below?

1. Any hours of worked during Normal hours is X3.0.

Example 1 : work from 8.30am to 5.30pm? = RM80X3.0?

Example 2 : work from 8.30am to 10.30am? = RM80X3.0?

2. Each hour worked beyond Normal hours is paid X3.0 by hour

Example 3 : continued working extra 2 hours after 5.30pm = (RM80/8hrs)x3.0x2hrs?

3. If he does not come to work on the said Public Holiday = RM0. Correct? I saw some replies here for the same question saying "on PH even if he does not come, he gets 1 day pay. Is it true? The reason?

Please advise.

Thank you in advance.

mdkamil
Contributor
Thu, 09 Jan 2020 11:12:00 PM

Refer Section 60D(3)(a) and 60D(3)(aa) of the Employment Act 1955

Your understanding as per your questions 1 and 2 are CORRECT

As for your question 3, Section 60(D)(1) of the Act said, Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any calendar year: ...

So it means, the employee goes on a holiday (not coming to work) but the employer must pay his ordinary rate of pay.

Nisha
Member
Fri, 10 Jan 2020 09:42:56 AM
Originally posted by mdkamil on Thu, 09 Jan 2020 11:12:00 PM

Refer Section 60D(3)(a) and 60D(3)(aa) of the Employment Act 1955

Your understanding as per your questions 1 and 2 are CORRECT

As for your question 3, Section 60(D)(1) of the Act said, Every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any calendar year: ...

So it means, the employee goes on a holiday (not coming to work) but the employer must pay his ordinary rate of pay.

Hi..thanks for your feedback.

One more doubt:

The Act says about 11 gazetted PHs.

If a company observes 20 Public Holidays (9 extra PHs compared to 11 in the Act), does the Company has to comply with the PH OT rates as per the Act, to pay its employees or only on the 5 + 6 days, we need to follow the Act?

Thank you.

mdkamil
Contributor
Fri, 10 Jan 2020 10:22:02 AM

11 days is the minimum PH to be observed by all employers as required by the law.

If an Employer gazettes more than 11 days PH, then all the PH (not only 11) must follow the terms stated in the Act.