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Man Fai
06/03/2008 17:43:14
Re: OT - Force OT from manager


I would like to know is there any law that protect employee from request from the management that employee "MUST" OT on certain Public Holiday?

I have gone thru my employment contract and confirm there is no term that stated I need to fulfill these kind of request when ask by the managemnet to OT on public Holiday.

If need more info you can email me.

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KL Siew
06/03/2008 17:52:00
Section 60D(3) of the Employment Act, may be provide the info:

"...(3) (a) Notwithstanding subsections (1), (1A) and (1B), any employee may be required by his employer to work on any paid holiday to which he is entitled under the said subsections and in such even he shall, in addition to the holiday pay he is entitled to for that day:

(i) in the case of employee employed on a monthly, weekly, daily, hourly, or other similar rate of pay, be paid two days' wages at the ordinary rate of pay; or

(ii) in the case of an employee employed on piece rates, be paid twice the ordinary rate per piece:

regardless that the period of work done on that day is less than the normal hours of work. ...."

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Man Fai
06/03/2008 18:01:04
Sorry coz I don't understand the law term much..

Can you explain it more in Layman terms.

Coz currently my boss is asking us to work on the Coming Prophet Muhammad Holiday (20th March)

My employment is permanent staff of the company. and the OT rate would be RM13 per hour. And on that day it will be working for 8 hour. So I can have a claim of RM104. However my salary if counted daily basis should be RM80.

Anyway even if I will get double pay for working on the stated public holiday, I am still not interested to come for work.
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KL Siew
06/03/2008 18:20:09
I am afraid you have to tell your managerment about your not interested to work on public holidays.
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Man Fai
06/03/2008 18:33:23
Thanks very much for your advise and quick response.

Appreciate that.
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