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About the overtime claim

JRR  
Guest
Wed, 29 Apr 2009 05:18:29 PM  (Last updated: Sun, 03 May 2009 12:08:35 PM)

Let's said the person normal working hour is from Monday to Friday 10am~7pm,1 hour rest.

On Friday, he returned home after 7pm. Two hours later, his superior required his service, requested him come back to office.

he reached office at 10:30pm than continue to work until next day (Saturday) 1.45am. Before he leave the company his superior request him to work at 9.00am - 11.00am (Saturday).

In this situation,

On Friday he has been working for 8 hours (10am~7pm, one hours rest) + 1.5 hours (10.30pm ~ 12.00am) = 9.5 hours on Friday. His working hour extend to 12 hours (10.am~next day 12.00am)

On Saturday he has been working for 1.45(12am~1.45) + 2 (9.00am~11.00am) = 3.45 hours. On Saturday his working hours extend to 11 hours (12.00am ~ 11.00am)

if someone salary is over RM 1500, does he have right to claim overtime payment from company ?

KL Siew
Administrator
Wed, 29 Apr 2009 07:34:16 PM

When a worker is required to work extra hours, he should be rewarded irrespective whether his salary is over or below 1500. Why should he agree to work extra hours if he was not paid any extra. There is no law to say that a worker whose salary is over 1500 has not right for overtime payment.

JRR
Guest
Thu, 30 Apr 2009 12:16:28 AM

He agree to work, It is because he think he can claim for the meal allowance (RM 10 for first three hours) and also OT salary. However, the company employee hand book said that: for those salary is over RM 1500 cannot claim OT.

In such situation, as an employee of the company, can he claim for both meal allowance and OT salary ?

KL Siew
Administrator
Thu, 30 Apr 2009 08:37:47 AM

He can claim but will the company pay based on is said in the handbook?

JRR
Guest
Thu, 30 Apr 2009 01:24:54 PM

According to the hand book, it said "Employees whose basic salary exceeds RM 1500 per month, shall not be entitled to such over claims for the purpose of this clause -- section 1.7 OverTime"

So do this mean that employee who salary exceeds RM 1500 cannot claim OT ?

KL Siew
Administrator
Thu, 30 Apr 2009 02:38:42 PM

That is what that clause says. You may consult the Labour Office see if they can give you any help to get your money.

JRR
Guest
Sat, 02 May 2009 11:50:14 PM

Referring back to the seemingly unfair clause, the original wording is:

"Clause 1.7 Overtime

d)Employees whose basic salary exceeds RM 1,500 per month, shall not be entitled to such overtime claims for the purpose of this clause."

And if u read questions 1 and 6 of the FAQ of pesaraonline, it seems undisputed that i am not protected by the 1995 Employment Act. my salary is RM3000 and i am not a manual worker. i am also not within the list of the "employees categories" as specif

KL Siew
Administrator
Sun, 03 May 2009 12:08:35 PM

Don't worry so much about the law, it can only do so much. In many situations, you will have to fight for your own rights. If I were you I would do or take the following actions:

1. Brief your superior of your department about the problem of HR's refusal to pay overtime or give other rewards when you were required to work overtime. Ask him if he could anything about it. Sometimes superior may fight for you when they want a job to be done. If your superior is not "powerful" enough to get any benefit f

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