Chistine
11/01/2008 17:38:41
Re: Working hours

My company is going to hire a driver. which he needs to fetch boss's son to school every morning if it's not school holiday.
So, he need to be at boss house at 6.30am.
After sending son, the driver need to send boss to go to work until our boss appointment finish.

The management has been requested that when his son go to school, his working hours will start at 6.30am until 2.30pm (8hours after deducting). As such, if he work after 2.30pm, will consider as Overtime.

But if boss son not going to school, the driver will start working at 9am-6pm which is same with office staff. After 6pm, will consider as Overtime.

How should i write in the offer letter about his working hours?

Can I write as below?
"The normal working time shall be as follows:-
Monday to Friday : 9.00am to 6.00pm
Daily Lunch Break: 12.30pm to 1.30pm

The compapny reserves the right to revise the working time from time to time to suit its operational requirements and you shall be conform to such revised working hours upon notification by the Company."

Scare if i stated like this in the offer letter, the driver can bring case to labour office in the future time. This is because the OT will be different.

Please help.
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KL Siew
kl_siew@yahoo.com
11/01/2008 21:33:37
Since the main job is to send the son to school and to bring him back, I would prefer to employ him as a domestic driver to save all the trouble becasue domestic servants are not covered by the Employment Act as far as working hours etc etc are concerned. This means his wages will be paid by the boss himself and not by the company. But for bring him the boss to work, to meeting and so on, the company may pay him by separate vouchers in the form of allowance, tips or whatever you call it., but he is not employed as an employee of the company. I would cover him with a personal accident insurance policy in case of any accident since he is not going to be covered with SOCSO.

If you prefer to employ him as a company driver which means you will have to contribute to EPF, SOCSO and so on, but in view of the nature of work which involves long period of inactive or standby employment, you would not want to specify his working hours but the type of work he is going to do. Give him a basic salary plus an allowance for long hour of standby duties. That allowance will cover possible long hour of work. Of course, in the appointment letter you will have to state his holidays, medical benefits and so on.

Finally, consult your company lawyer as to how the appointment letter should be worded. Give that guy a fair deal and he may not complain.
The above are only suggestions and must decide what you think is right to do.
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Christine
14/01/2008 09:53:39
Dear Mr Siew,

My company is a small company. As such, we dont have a company lawyer who can help me to word the appointment letter.
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KL Siew
14/01/2008 11:32:06
If you don't have company lawyer, you can get other lawyer to do it for you. You may even write one yourself and show it to the Labour Office for comments. I cannot help in this, sorry.
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