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Public Holiday & Overtime Rest Day

frol
Member
Sun, 19 Dec 2010 02:01:47 AM  (Last updated: Mon, 20 Dec 2010 06:23:12 PM)

Hi,
I'm a shift worker, working in IT field. My working hours is 12 hours per day.  My shift patent, 5 day working and 2 rest day for 1st week, and, for next week patent, 5 rest days and 2 days working. I'm a RM 1500 above paid worker. 

My problem are:

1) About my Public Holiday paid, recently, my HR, came out with this policy which it named Public Holiday per diem, whom, Shift employees will receive payment of daily salary rate (i.e. one-time rate of pay) for each public holiday worked, and came out with this calculation: 

                  Monthly Base Salary x 12 / 260.

Is not stated to times 2, if working on  public holiday. Also, if Public Holiday fall on Saturday, we're not allowed to claim any paid holiday. If those who's required to perform overtime on public holiday, his/her only get overtime rate 2.0. Is it allowed and abide according to Employee Act (EA)? 

2) During my rest day, I'm required to perform overtime, and get paid 1.5 times rate. According to Rest Day in EA, those who's working on his/her rest day, entitle, 2 times rate, not less than that.

My company, have it own policy explaining about overtime rate, and is not following any clause stated in the Malaysia Employee Act. Also, my company have this policy, where's company reserves the right to modify, suspend, change or terminate the policy and guidelines at any time, with or without prior notice. 

How I'm gonna to get what I'm suppose to entitle? Please help. Thank you
 

KL Siew
Administrator
Mon, 20 Dec 2010 06:23:11 PM

Since your salary is above RM1500, you are therefore not covered by the Employment Act. As such your employer may not have to follow the EA to provide benefits similar to those under the Act. You can always consult the Labour Office to get a better understanding of the matter.

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