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Deduct Annual Leave?! (Urgent)

Wed, 08 Sep 2010 12:06:28 AM  (Last updated: Thu, 09 Sep 2010 08:54:03 AM)

Hello again.

My friend had entered into a contract with a big company. He needs to deal with clients from China to perform his duties. Inside his contract, there is a clause sounds like this "where deemed necessary, the Company would declare holidays which will be deducted from your annual leave entitlement".

Besides, his contract does not state about number of public holidays. He was informed that he need to work according to China calendar. In other words, he is ONLY entitled to China declared public holidays. For instance, the oncoming public holiday in China is Mooncake Festival from 22-24 September. Thus, he is required to follow the three-day holiday, BUT need to work on following Saturday to Sunday to replace additional two days holidays (23-24 September).

Question 1: Does an employer has right to deduct employee's annual leave as per clause above?

Question 2: Can the company bypass Malaysia gazetted public holidays (such as Hari Raya, Labour Day, National Day)?

Question 3: Is there any restriction on number of working hours per week under Labour Law?

Thanks for your patient reading and hope to hear from you soon.

KL Siew
Wed, 08 Sep 2010 09:25:11 AM

If your friends comes under the Employment Act, there will not be much of a problem. The EA shall apply. If your friend is not covered by the EA, tell him to negotiate properly all terms and conditions of service. Don't simply sign everything that comes along as regrets it later.

For your general knowledge, I suggest you read up Part 12 of the Employment Act 

Thu, 09 Sep 2010 12:42:56 AM


Yet, how to know is he is covered under Employment Act? Is it that every employee (Malaysian) who work in Malaysia (regardless of MNC company or local company) will be covered by Employment Act?

KL Siew
Thu, 09 Sep 2010 08:54:03 AM

You can find that out by read the Employment Act.

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