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17/01/2008 12:09:02
Re: Engineer OT

Dear Sir,

I read the 1st Schedule, but not really understand about what is the meaning of Manual Labour. I give a scenario.

For example, If an engineer's salary above RM1500. He always need to go to field to operate & maintain machinery.

1) Refer to the subsection 2(2) of 1st Schedule, does he classify as Manual Labour?

2) Refer to subsection 2(1), if he perform partly manual works and the time used is less then one-half of one wage period, does the Engineer classify as Manual Labour?

3) Same as above example, but he work exceed one-half of one wage period.

And for OT calculation, Manual Labour is using normal OT which is 1.5 for normal, 2.0 on rest day, 3.0 on PH generally. My question is, if he is not Manual Labor, can we choose not to use normal OT rate, but use a fix rate set by the company?

And the last, can company amend the employees' handbook without given employees notice but will given a copy to them after amendment make?

Kindly advice. Thanks
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KL Siew
17/01/2008 17:01:41
Engeneers do not fall under "manual labour'. Although they also use their hands in work, they are employed more for their knowledge. Likewise surgeons do use hands to do operation, but they are not manual labour. So the Employment Act is not applicable to them if salary is over 1.5k.

Normally there is a clause stating that the company "reserves the right to amend anytime ......". But if the amendments adversely affect the existing terms and conditions of the empoyees, they should bring up the matter with the management or with the Industrial Relations Department.
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22/01/2008 16:14:58
Thanks very much.
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05/03/2009 14:07:21
Dear Sir,

If he is a techinician level with the basic salary above RM1500. He need to operate the machine & maintain machinery.

1) Refer to the subsection 2(2) of 1st Schedule, does he classify as Manual Labour?
2) If Manual Labour, company is compulsory to paid based the rate at 1.5/2.0/3.0 from the (salary + allowance) ? any maximum OT rate apply to ?
3) if company refuse to paid OT, can the OT convert to leave ?

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