Hi Siew, I would like to know if the a staff can complain the Employer when the following status has incurred:
1. staff has agreed and signed the Contract of services initially including
their OT rate(which is less than 1.5 times). The Company also
provides another OT allowance to the staff on Top of that which the
allowance amounjt is variance for each staff.
2. the staff confirm will earn the OT allowance every month when they
have perform the OT as per the Employer requirement.
3. but the OT rate will still fix to the same rate regardless normal working
day, rest day or public holiday.
As such, can the contract of services that the staff agree to signed can overwrite the basic OT rules(1.5 times on normal day, 2 times on rest day and 3 times on public holiday) as per our Labour Law regardless the Salary+Allowance more than or less than RM1500?
And the Employer also clearly written on the Contract that if any work has been performed on public holiday, 1 day replacement leave will be given instead. Can we still complain this after signed the Contract?
Pls advise. Tq!