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Cheryl
15/11/2010 17:20:11
Re: RE: Respond to Daily paid worker matters

Hi Mr Siew,

I've read your respond regarding the daily paid worker matter.

I have this issue :

"We have an employee who was once a permanent staff. During mid of the year, he resigned. Few mths later, he approach the boss and requested to work as a temporary staff, he also requested the daily wages to be settled on weekly basis.

He is a bit special, if he thinks that he got urgent matter, he'll not appear to work on that day without informing the company. If you do not see him punch the card, meaning he is absent for the day. Meaning to say, he decide when to come and when not to.

After evaluate his working attendance, we realised that he worked between 19days - 24days out of 26 days during a month, which in this case sounds like a monthly staff rather than a daily staff BUT he decide his own off day.

In this case :
(1) Is he still entitle for medical and annual leave? If so, how many days he should entitle for?

(2) The company do not appoint his own clinic or company doctor. If this staff is injured during work, how should we deal with his MC and receipts? Should the company pay him daily wages on his MC day?

Thank you.
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KL Siew
pesaraonline@gmail.com
16/11/2010 08:40:33
(1) He is entitled to medical leave but for annual leave, read the following proviso of Section 60E of the EA:

"And provided further that where an employee absents himself from work without the permission of his employer and without reasonable excuse for more than ten per centum of the working days during the twelve months of continuous service in respect of which his entitlement to such leave accrues he shall not be entitled to such leave. "

(2) You should report the accident to SOCSO.
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Cheryl
16/11/2010 11:13:18
Hi Mr Siew,

Thanks for your reply.

(1) For your information, the company knew that he'll be off 2 days each month as he helps in charity work for temple (ie: pertaining to his personal matter).

Other days where he is absent, no leave application was submitted. His job responsibility is to supervise the construction site matters but based on his working schedule, he seems like a "freelancing" staff.

In this matter, does it mean that it DOES NOT constitute as "absents himself from work without the permission of his employer and without reasonable excuse", BUT no annual leave is given as well as his wages was paid based on number of days he worked ?

(2) As this is minor accident, doctor has only gave him 2 days of MC and SOCSO required minimum MC of 4 days. Should the company reimburse the medical expenses he incurred? Should the Company pay him wages for the 2 days MC taken?

Thank you.

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KL Siew
16/11/2010 12:25:51
(1) Looks like pretty messy sort of work arrangement. So be it if proper arrangement is not possible. No comments.
(2) He is entitled to wages for the 2 days but for claims, it is up to your company.
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