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Working on PH & weekends

MG
Member
Fri, 14 Feb 2020 12:14:07 PM  (Last updated: Fri, 14 Feb 2020 05:38:19 PM)

Dear Sir/Mdm.

My current basic pay is RM2000. Once my probation is over, it will be RM2200. However, I am required to work on Public Holidays & weekends with an OT pay of RM 15 per hour.

Is this justifiable?

Would appreciate some advice.

P.S: Im a while collar.

KL Siew
Administrator
Fri, 14 Feb 2020 03:36:19 PM

Although you are not covered by the Employment Act, the payment of OT of RM15 per hours for working of rest day and PH, is definitely  not enough. Under the EA, working OT on restday  is the formula is (salary/26/8)x 2 and OT on PH is x 3. Try to get the employer to pay more or less like the EA.

MG
Member
Fri, 14 Feb 2020 04:43:45 PM
Originally posted by KL Siew on Fri, 14 Feb 2020 03:36:19 PM

Although you are not covered by the Employment Act, the payment of OT of RM15 per hours for working of rest day and PH, is definitely  not enough. Under the EA, working OT on restday  is the formula is (salary/26/8)x 2 and OT on PH is x 3. Try to get the employer to pay more or less like the EA.

Thank you for your response.

In an event my Employer decides not to pay me based on the pay stated, can I take legal action?

Also, based on my company policy, if you earn above a certain amount, Im guessing above RM3k, you are not allowed OT, instead you're supposed to claim Replacement Day Off. Is this also permissible? 

MG
Member
Fri, 14 Feb 2020 04:49:53 PM
Originally posted by KL Siew on Fri, 14 Feb 2020 03:36:19 PM

Although you are not covered by the Employment Act, the payment of OT of RM15 per hours for working of rest day and PH, is definitely  not enough. Under the EA, working OT on restday  is the formula is (salary/26/8)x 2 and OT on PH is x 3. Try to get the employer to pay more or less like the EA.

Another thing, since my current pay is RM2000, am I covered under the Employment Act?

At which, I could make claims for the OT pay that wasnt paid, eg the difference between the calculation given and the pay I received.

If I'm covered under the Employment Act and I'm allowed to make claims for the difference, how do I go about this?

KL Siew
Administrator
Fri, 14 Feb 2020 05:38:19 PM

Yes, not more than RM2000, you are still covered. OT should be paid based on the formula I stated earlier.
 

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