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employee handbook

Samantha
Member
Fri, 13 Dec 2013 12:25:51 PM  (Last updated: Sun, 15 Dec 2013 08:32:59 AM)

I joined a company in Sarawak as an officer in 17 Oct 2011 & my annual leave entitlement is 12 days.  According the employee handbook announced in July 2011, 1 day additional leave will be given for every completed year of service with the company.  I was promoted to higher level in 1 Oct 2013 & my annual leave entitlement is 15 days.  My question are:-

1) On 17 Oct 2013, do I entitle to have 1 more additional leave since I had completed another year (18 Oct 2012 - 17 Oct 2013) of service with the company? means 16 days (15+1)

2) The above leave policy will be rephrase in the new handbook, but this new handbook has yet to be finalised & publicized.  Now HR insisted that I should follow the upcoming handbook, can they do so? What if they backdated the handbook to before my promotion?

3) As i'm from Sarawak & i do know about Sarawak Labour Ordinance, does Labour Law applies to Sarawak now? or still using the Sarawak Labour Ordinance?

KL Siew
Administrator
Fri, 13 Dec 2013 04:39:44 PM

1. You have to seek clarification from from your HR department about your leave entitlement.

2. Since you are now in a senior position, I presume your salary should be more than Rm2000. If it is, the Sarawak Labour Ordinance is not applicable to you. As such all terms and conditions of service go in accordance with those stated in your contract of service with the company.

Samantha
Member
Sat, 14 Dec 2013 11:26:36 PM

Thanks for your answer.

But how about the issuance of the new handbook?  What i mean can they enforce the new policy & replaced the existing handbook even it has not been finalized? 

KL Siew
Administrator
Sun, 15 Dec 2013 08:32:59 AM

Well, if the employees of the company feel that the rules/terms and conditions in the handbook are less favourable than those previously, they can always make representation to the HR department. I am sure you are not the only one affected. If there is any dispute and the dispute cannot be resolved, the staff can bring the matter up with the local Industrial Relations Department for help.
 

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