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Overtime - Employment letter vs Employee handbook

Clytie Tan
Thu, 14 Apr 2011 10:23:08 AM  (Last updated: Thu, 14 Apr 2011 03:28:15 PM)

 Hi there,

Our company has this policy where staffs earning more than RM1,500 per month is not allowed to claim any overtime and it is communicated verbally to all staffs. Such clause is also included in our written General HR policies.

However, our standard employment letter has this clause where "employees will be paid overtime to work beyond the official hours as and when required".  This is a general clause which every employment letter issued by us contains.

I would like to ask:

1. Can a staff earning more than RM1,500 argue for his overtime based on the employment letter although it is stated as disallowed in the HR policies? In other words, can the HR policies overwrite such general clause included in the employment letter?

2. If we are to take out such general clause to avoid possible arguments, are we against the labour law (not having a clause stating about OT in the employment letter)?

Appreciate your kind guidance on this.

Thank you.

KL Siew
Thu, 14 Apr 2011 03:28:15 PM

Since staff earning more than RM1500 are not covered by the EA, they should discuss with their HR about payment for overtime work. Who will agree to work overtime without getting paid?

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