RegisterLog In

Offer letter stated that employee under probation will not entitled to paid Sick Leave.

Howell Yong
Member
Thu, 14 Nov 2019 11:26:37 AM  (Last updated: Fri, 15 Nov 2019 12:02:30 PM)

To whom it may concern,

Here is the case where employer in Sabah stated clearly in the employment offer letter, which employee who's under 3 months probation will not going to enjoy paid sick leave. In addition to this, the employee actually signed and acknowledged the offer letter. So for such case, does the employer actually violate the employment act in any way? 

Hope to hear from you soon. Thank you.

KL Siew
Administrator
Thu, 14 Nov 2019 03:27:15 PM

If the employee is covered by the Employment Act, meaning his salary is not more than RM2000, that clause is not valid. The employee can make complaint at the Labour Department if paid sick leave is not provided.

Howell Yong
Member
Thu, 14 Nov 2019 05:46:38 PM
Originally posted by KL Siew on Thu, 14 Nov 2019 03:27:15 PM

If the employee is covered by the Employment Act, meaning his salary is not more than RM2000, that clause is not valid. The employee can make complaint at the Labour Department if paid sick leave is not provided.

Alright I understand that the employee can file a complaint a the Labour Department, but will it still consider that has violated the employment act in any way? Considering that the employee has signed and acknowledged the terms and conditions in the offer letter which clearly states that Medical Leave is not subject for entitlement during probation period. 

Thank you for your time.

KL Siew
Administrator
Fri, 15 Nov 2019 07:38:36 AM

If you read section 60f of the Employment Act, employees are entitled to so many days of sick leave per calendar year. There is nothing to say employees under probation to be excluded from sick leave entitlement. As such any rule by employers that contradicts section 60f is not valid and in contravention of the law.

Anything I think needs to make clear. I don't know whether the employee mentioned here is one covered by the Employment Act or not. If a non manual employee whose salary is not more than RM2000, he is covered by the Act and section 60f shall apply. If the employee who has a salary of more than RM2000, then he is not covered Act then whatever clause he has acknowledged may be applicable to him.

One more, I understand the employer is from Sabah and in that case, the Sabah Labour Ordinance shall apply and not the Employment Act which applies to Peninsula Malaysia. But I think, the law pertaining to sick leave is more or less the same but it is advisable for you to get official ruling from the Sabah Labour Department by give them a call.

Howell Yong
Member
Fri, 15 Nov 2019 11:50:00 AM

Understood. And one more thing actually. What about those employment relationship which base on contract basis, as I heard one of my superior saying that previously when she was having her employment contract as a teacher and lecturer at SMK and Private/Public Institutes, the contracts mention that she will not entitled to sick leave unless upon confirmed. Are these clauses actually valid? 

Thank you.

KL Siew
Administrator
Fri, 15 Nov 2019 12:02:30 PM

My answer is the same given earlier.