Re: Abolishment of Half Day Annual Leave Entitlement
I work for a local Company in the gaming industry. As of 1st April 2008, Upper Management has abolished the practice of Half-Day Annual Leave, resulting in all salaried employees (not governed by the Employment Act) only being able to apply for full day of leave. I am Head of Department for a department that is a Horse Riding Facility / Equestrian Training Centre. Our operations run 24-7, as we are working with live animals. My staff and I are heavily dependent on half day leave in order to care for the animals and still be able to maintain families, and also to clear our Annual Leave, otherwise it will be forfeited. QUESTIONS: 1. My coaches work a 5-day week, however sat & Sun are half days (our busiest), and Monday is our Rest Day. The company has informed us that 1 day's Annual Leave will be deducted for Sat / Sun although our working hours clearly state only a half day (8am - 12pm). Is the company allowed to do this? 2. Is there any law in Malaysia that stipulates companies must allow half days to their employees? I have staff members who are pursing partime degrees / Masters programmes etc and need to sometimes take half days, while still coming into work to fulfill their obligations to the horses. 3. My company has not provided any reason or justification for abolishing half days annual leave. There has been no circular stating reasons for doing so. Is the company obligated to provide reasons or does the employee just HAVE to accept the decision based on nothing? 4. If your answers state that we as employees have any kind of recourse with the above scenarios, kindly advise the proper channels I should approach to pursue this matter i.e. Industrial Relations Dept, Ministry of Human Resources etc.
Being able to take half day leave is very convenient and a lot of smaller companies do allow employees to take half day leave even on ordinary working days. However, under the Employment Act, there is not provision for half day leave.
Yes, the Industrial Relations Department is the proper place for you to seek advice on such matter.
KL Siew has put up a sister site by the name of mylabourlaw.net, which is in effect a more user-friendly version of the present popular pesaraonline.net. The site is in the process of being fine-tuned but it is fully functional. You are invited to visit the website at http://www.mylabourlaw.net and give your views or suggestions. Queries can be posted and be responded from there as usual.