According to my employer, the employer can choose their own calculation method. My employer calculate based on number of working days. In my case, I started work on 4 Feb 2009 and my monthly salary is RM4000. My employer assumed that total working days in Feb is 22 days, and I worked for only 18 days. So they calculate as such (4000/22) x 18.
Can my employer do this?
Since an employee is monthly rated, he or she should get paid whether for working days or for off days. I would use simple calculation like:
(4000/28) x 25 = 3571.41 whereas their calculation comes to only (4000/22)x18= 3272.73. There is some difference,
To cross check, for the first 3 days, it comes to (4000/28) x 3 = 428.59. So 4000-428.59 =3571.41 . Should be correct, isn't it?
I agree with you, however, my employer refuse to calculate based on 28 days. What can I do? I've called the labour department and they say I'm not covered by the employment act because my salary is above RM1.5k.
Can't you say your salary is only RM1000? Just to get an opinion.
Yes, I can and the labour department did say that as per the employment act, the employer should calculate the salary based on 28 days. But that only applies if my salary is below RM1.5k. In my case, they can't accept my complaint. In fact, they ask me to speak to a lawyer. So is that my only option?
Ask them whether it is possible for them to help you to claim the difference in view of Section 69B as quoted below?
69B. Additional powers of Director-General to inquire into complaints.
(1) Notwithstanding the provision of this Act, the powers of the Director-General under section 69(1)(a) shall extend to employees whose wages per month exceed 1,500.00 ringgit but does not exceed 5000.00 ringgit.
But aware that in the event you made a claim at the Labour Office, that might affect your relationship with your employer.