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How to culculate the working Hour

Fri, 13 May 2011 10:27:32 AM  (Last updated: Tue, 17 May 2011 09:37:52 AM)

May I know if the travelling hour consist as the working hour.

For example, if I need to duty outstation in Kedah, and the traveling hour from KL to Kedah approximated 5 1/2 hours. As my duty in Kedah was just 2 hours, and travelling time back to KL may take another 5 1/2 hours. In such, the total times will be 13hours.

As stated in my employee handbook, an employee whose salary exceeds RM1500 per month shall not be entitled to overtime claim. However, an allowance / honorarium may be considered and granted on a case by case basic as below:

a) Monday-Friday: RM25, for minimun 3 hours or RM35, for minimun 5 hours

b) Saturday-Sunday: RM50, for minimum 4 hours
(plus extra honorarium of RM5 / every hours)

c) Public Holiday: RM60, for minimun 4 hours
(plus extra honorarium of RM5 / every hours)

My question is, the claims rejected by the HR, claimed that my working hours is only 2 hours, and the travelling hour is not culculated.

I am very puzzled. It is the way of culculation? Please advise. Thank you.

KL Siew
Sat, 14 May 2011 03:40:30 PM

You did not mention whether you were paid any other allowances for that trip like mileage claim, outstation allowance, meal allowance etc etc. If you have not been compensated with something extra, then I would think they did not give you a fair deal. As such, if you were to undertake such a trip again in future, see to it that everything is properly discuss and agreed upon before setting out.

Mon, 16 May 2011 11:08:32 AM

Yes. The company did provide the mileage claim and Meal allowance.

The clause of the Meal Allowance is as below:
1.    An employee who performs outstation duties for a duration of 24 hours or more, calculated from the departure time are eligible to claim for meal allowance accordingly.
2.    Meal allowances are not to be claimed if meals are provided by the organizers.
3.    If part of the meals is provided, the employee is eligible to claim for the remaining balance of the meal expenses according to the rates as listed below:
a.    Breakfast - 20% from the Meal allowance
b.    Lunch -40% from the Meal Allowance
c.    Dinner - 40% from the Meal Allowance
Assuming that I travel by using office’s car, thus no mileage claim occurred.
Like my case, calculated from the departure time, including the travel time, I only perform outstation duties for duration of 13 hours. Thus, I’m not eligible to claim on the meal allowance.
I’m here just to clear my doubt, how the HR definition on the working hour? Is they any definition on the working hour? Is the travelling hour calculated?
KL Siew
Tue, 17 May 2011 09:37:52 AM

Under subsection (9) of Section 60A of the Employment Act, it says:

"(9) For the purpose of this Part “hours of work” means the time during which an employee is at the disposal of the employer and is not free to dispose of his own time and movements."

Under SOCSO Act, traveling time is also considered as working hours in the event of occurrence of accident

Personally, I tend to think traveling time is part of the working hours. In your case, if you have not been compensated with some others payments like mileage, food allowance, outstation allowance etc, I tend to think "working hours" has been narrowly interpreted. I don't means to interfere or to have the right to interfere with the policies of your company.

So, if you are not covered by the EA, there is very little you can do about it except talk it over with your HR or discuss with your colleagues who might have faced with such a situation. Alternatively, bring up the matter during your staff meeting if there is one and submit the views to the management.

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