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JRR
donynam@yahoo.com
29/04/2009 17:18:29
Re: About the overtime claim

Let's said the person normal working hour is from Monday to Friday 10am~7pm,1 hour rest.

On Friday, he returned home after 7pm. Two hours later, his superior required his service, requested him come back to office.

he reached office at 10:30pm than continue to work until next day (Saturday) 1.45am. Before he leave the company his superior request him to work at 9.00am - 11.00am (Saturday).

In this situation,

On Friday he has been working for 8 hours (10am~7pm, one hours rest) + 1.5 hours (10.30pm ~ 12.00am) = 9.5 hours on Friday. His working hour extend to 12 hours (10.am~next day 12.00am)

On Saturday he has been working for 1.45(12am~1.45) + 2 (9.00am~11.00am) = 3.45 hours. On Saturday his working hours extend to 11 hours (12.00am ~ 11.00am)

if someone salary is over RM 1500, does he have right to claim overtime payment from company ?
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KL Siew
kl_siew@yahoo.com
29/04/2009 19:34:16
When a worker is required to work extra hours, he should be rewarded irrespective whether his salary is over or below 1500. Why should he agree to work extra hours if he was not paid any extra. There is no law to say that a worker whose salary is over 1500 has not right for overtime payment.
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JRR
donynam@yahoo.com
30/04/2009 00:16:28
He agree to work, It is because he think he can claim for the meal allowance (RM 10 for first three hours) and also OT salary. However, the company employee hand book said that: for those salary is over RM 1500 cannot claim OT.

In such situation, as an employee of the company, can he claim for both meal allowance and OT salary ?
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KL Siew
30/04/2009 08:37:47
He can claim but will the company pay based on is said in the handbook?
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JRR
donynam@yahoo.com
30/04/2009 13:24:54
According to the hand book, it said "Employees whose basic salary exceeds RM 1500 per month, shall not be entitled to such over claims for the purpose of this clause -- section 1.7 OverTime"

So do this mean that employee who salary exceeds RM 1500 cannot claim OT ?
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KL Siew
30/04/2009 14:38:42
That is what that clause says. You may consult the Labour Office see if they can give you any help to get your money.
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JRR
donynam@yahoo.com
02/05/2009 23:50:14

Referring back to the seemingly unfair clause, the original wording is:

"Clause 1.7 Overtime

d)Employees whose basic salary exceeds RM 1,500 per month, shall not be entitled to such overtime claims for the purpose of this clause."


And if u read questions 1 and 6 of the FAQ of pesaraonline, it seems undisputed that i am not protected by the 1995 Employment Act. my salary is RM3000 and i am not a manual worker. i am also not within the list of the "employees categories" as specificed in schedule 1 of the 1955 act.

so it seems the reality is that malaysia's labour law does not give an automatic right to claim overtime pay (or Leave in lieu) to an employee like me. and my company takes such an advantage of my unawareness of the law and my omission to clarify the pay first before performing the overtime work.

i will of course be very happy and grateful if you can advise me otherwise?



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KL Siew
03/05/2009 12:08:35
Don't worry so much about the law, it can only do so much. In many situations, you will have to fight for your own rights. If I were you I would do or take the following actions:

1. Brief your superior of your department about the problem of HR's refusal to pay overtime or give other rewards when you were required to work overtime. Ask him if he could anything about it. Sometimes superior may fight for you when they want a job to be done. If your superior is not "powerful" enough to get any benefit for you, then you may use it as an excuse should he ask you to do overtime work again.

2. You negotiate with the department that has refused your overtime claim for some benefits such as like you said "leave in lieu", or some other monetary rewards. Should they refuse to entertain any of your requests, then you will have grounds to refuse to do overtime time in future. Pass the ball to them.
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HANIFF
abuhaniffa.zaharin@medilink-global.com
17/02/2013 01:26:46
HOW DOES THE LEAVE IN LIEU WORKS? i HAVE A QUESTION ON HOW TO COMPENSATE TO HOD OR MANAGEMENT MEMBERS HAS TO COME TO WORK DURING PUBLIC HOLIDAYS OR OFF DAYS. IS THERE ANY LAW IN MALAYSIA SPECIFY ON THIS MATTER
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wan isma zulkiffli bin wan yahya
owan_isma@yahoo.com.my
13/05/2015 12:52:37
just want to know,our company is korean company (construction company).so their calculation for salary is:
let say salary rm 1800.
working hours 7.00 to 18.00 (10 hours/day monday to saturday)
for 8 hours = 8 x 26 days = 208 hrs.
2 hrs ot = 2 x 1.5 = 3 hrs x 26 days = 78 hrs
so working hours per month = 286 hours.

so rm 1800/286 =rm 6.29
=rm 6.30/hr.
all over time (sunday or public holiday) calculation based on rm6.30/hr
eg:work on sunday (8 hrs)
= 8 x 2 x 6.30 = rmrm 100.80

is it ok for malaysian labour law?
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