Hi, if employee earning a monthly salary of RM3,000.00, he is not guarded under Employment Act 1955 ?
1) Overtime rate is 1.5 of normal rate, if 3,000 / 26 / 8 x 1.5 = 21.63, if employer say maximum overtime is RM20.00 per hour, is that acceptable ?
2) Employment Act 1955 stated employer must give at least 10 PH to employee, this is only apply to those pay under 1,500, or all category ? If all category, say they exclude the Awal Muharam, 916, Thaipusam from the 10 days PH list, then this extra tomorrow PH is also not entitled right ?
Hope to get your advice. Thank you very much
If you are not covered by the Employment Act, there will be problems. There is nothing much you can do except to negotiate with your employer for better terms.
Hi Mr Siew,
Thanks for your advice, means we are not protected under the Employment Act 1955, then which act should we refer ? Also we have to be careful when signing the appointment letter right ? If appointment letter stated : before confirmation, we are not entitled to claim medical fee, not entitled for EPF....can we do anything ? Or just to accept and sign it.
Yes, when you are not covered by the EA, you should know your rights and see what are terms and conditions of the offer. There is no law saying employers must bear medical claims and therefore that clause is valid. But there is a law to to say employers must contribute to EPF, as such it is not lawful to say you are not liable for EPF before confirmation. When you know the deal is no good, don't accept.