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Overtime For Employee's Salary Above RM3000.00

Casey Tang
Member
Thu, 30 Dec 2010 04:36:30 PM  (Last updated: Tue, 04 Jan 2011 10:53:42 AM)

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

Casey

KL Siew
Administrator
Thu, 30 Dec 2010 04:55:18 PM

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.

Casey Tang
Member
Fri, 31 Dec 2010 11:13:17 AM

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.

Thank you.

KL Siew
Administrator
Mon, 03 Jan 2011 06:35:17 PM

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.

Casey Tang
Member
Tue, 04 Jan 2011 10:53:42 AM

Hi Mr Siew,

Thank you very much for your advice.

Cheers !!

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