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OT Claim for company driver and Engineer

Angie
Member
Thu, 26 Mar 2015 03:54:58 PM  (Last updated: Fri, 27 Mar 2015 06:04:24 PM)

Hi KL Siew,

Recently I am facing an issue regarding overtime's claim for 2 different scenario:

1. Out-station / Business trip OT claim for Driver and 
2. After working hours OT claim for Engineer.

Company Driver (Salary below RM2, 000/month)
1.) OT claim should start to calculate base on the arrival time at the work site work or start to count when the driver depart from the place he stay?
2) During the operation time, is the break/dinner time also considered OT? e.g.: Start working 7.00am - 4.00pm (9 hours including 1 hour break).
3) After 4.00pm until 9.00pm is consider OT and the rate is (x1.5)?
4) In between 4-9pm, they are having dinner around 1 hour, is this 1 hour dinner time also consider OT?

Company Engineer (Salary over RM2, 000/month)
1) Engineer received phone call from MD after working hour to support company job. The OT should start to count when he/she left his/her house or when he/she arrive at the working destination?
2) Dinner time during the OT period at the destinations place should include as OT?
3) During OT period, is there any limit hour for the break time?

Thank you in advance for your advice.

Angie

KL Siew
Administrator
Thu, 26 Mar 2015 04:50:54 PM

1. For the driver, starting hour of 7am should be the time when he clocks in at the place of work. But, the overtime from 4pm to 9pm can be a bit tricky because the returning time can be earlier or later than 9pm depending on various conditions like traffic conditions etc. Why fixed at 9pm?

2.I think it should start from the time starting at the place of work. If it is too far from home, some cash allowance can be give to defray her extra expenses incurred for the travel.

Angie
Member
Fri, 27 Mar 2015 02:47:09 PM
Originally posted by KL Siew on Thu, 26 Mar 2015 04:50:54 PM

1. For the driver, starting hour of 7am should be the time when he clocks in at the place of work. But, the overtime from 4pm to 9pm can be a bit tricky because the returning time can be earlier or later than 9pm depending on various conditions like traffic conditions etc. Why fixed at 9pm?

2.I think it should start from the time starting at the place of work. If it is too far from home, some cash allowance can be give to defray her extra expenses incurred for the travel.

Hi KL Siew,

Good day!

Thank you for your feedback. Actually my question as following:-

1. If a driver have a outstation trip on weekdays, start to work from 7.00am to 9.00pm including lunch and dinner hours, how do we calculate his OT ?

2. During outstation, is the driver rest time or break time also considered OT ?

3. If a technician already went home after work, but received a call from boss and need to go to customers place for service support, his OT calculation should start to count when he depart from home or when he arrive at work place? If his salary is over RM2,000.00/month, is it not entitle for OT claim ?

4. If the technician not entitle for OT claim, can he have others allowances?

Thank you in advance for your advise.
Angie

KL Siew
Administrator
Fri, 27 Mar 2015 03:50:13 PM

1. Rest time is excluded from OT calculation;

2. Can pay either OT or other allowance. Both parties can discuss and agree how it should be paid. It surely cannot be he gets nothing at all.

Angie
Member
Fri, 27 Mar 2015 04:34:19 PM

Thanks for the reply!

Would like to know if it written anywhere in the Employment Act about overtime instead of pay? I tried looking for it but couldn't  locate it. Would appreciate it if you could point me to the correct direction. Thanks!

KL Siew
Administrator
Fri, 27 Mar 2015 06:04:24 PM

There is nothing there.
 

  This topic is closed