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OT rate

siloh wong
Thu, 02 Dec 2010 01:58:04 PM  (Last updated: Thu, 02 Dec 2010 05:21:00 PM)

according to employment, rate after normal working hour during normal working day = x 1.5, however i notice that my company practice is x 1.0 of hourly rate of pay. My question is:-

1) Basic salary for this employee is more than RM 1500, position: lorry driver, according first schedule section 2(1) , he is under category " any person engaged in operation or maintenance of a mechanically propelled vehicle for the transport of passengers or goods or for commercial purpose", thus this employee suppose is covered under Employment Act 1955, is it lawful for the company to pay his OT rate x 1.0 instead of  x 1.5?

2) For employee under management level but basic salary more than RM 1500, is it subject to company discretion whether want to pay OT or not? If Company agree to pay, the rate should be x 1.5?

Your kind advice please. TQ.

KL Siew
Thu, 02 Dec 2010 05:21:00 PM

1. The lorry driver is entitled 1.5 times and not 1 time.

2. It is up to the parties to discuss and agree on the rates.

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