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YS Tan
30/12/2010 21:39:10
Re: OT & Working Hours

I have some issues regarding OT payment and working hours. Appreciate that you could assist me on this concern.

- Currently I am working 9hours per day + 1 hour lunch time(total - 10hours). Upon interview i was being told that will be work 8hours per day but management change it when the time i start working. Am i entitle for OT claims for that extra 1 hour?Other than that, base on the offer letter I have signed before I join the company, is clearly state that working hours will be 8 hours + 1 hours meal break.

-Company claims that OT below 2hours is NOT ENTITLE for any OT claims.
They have came out a scheme which is :
OT >2 hours and <4hours = RM25
OT >4 onwards = RM25 + 0.5day replacement.
Is this OT scheme set by the management qualify under labour law rules?
Do we have rights to reject the scheme that set by them?what should we do?

2.Public Holiday
- Currently we work on shift. When we work on Public Holiday, we did not get any double pay but we only get 1day replacement leave.
On the other side, if our rest day fall on public holiday, management did not give the replacement leave for us.

Appreaciate that you could provide us some feedback.

Extra information :
- Im working on a retail based company
- basic salary more that 1.5k
- rotating shift ( 9.30 am - 7.30 pm & 12noon - 10.00 pm )

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KL Siew
30/12/2010 22:03:49
Since you salary is over 1.5K and therefore not covered by the Employment Act. From the looks of it, your company is giving to you something that is below those benefits under the EA. As such you may have to ask for a better deal.
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YS Tan
30/12/2010 22:10:33
since working hours was clearly state in our offer letter is 8 hours, but currently we are working more than that.

What if we really bring up this issue to Labour Law, will labour law accept our complaint ?

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KL Siew
30/12/2010 22:14:46
Yes, you can try but I am not so sure the Labour Department is able to help since you are out of the scope of the Employment Act.
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