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Jassy Chan
jassy@unichamp.com.my
10/01/2011 10:04:01
Re: Overtime Rate

As i know from EA 1955, overtime rate is wages/26/8x1.5. Is it wages mean:-

1. Basic salary - Unpaid Leave - Absent + Allowances (except travelling allowance)

or

2. Basic salary + Allowances (except travelling allowance)

Kindly pls
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KL Siew
pesaraonline@gmail.com
10/01/2011 15:02:29
" "wages" means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include: ...."

So, from the above definition of "wages", I tend to agree with you in #1 if the OT occurred in that particular month when there was absence and so on. The Labour Department may or may not agree, I don't know. Consult them to make sure.
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Jassy Chan
jassy@unichamp.com.my
10/01/2011 17:56:08
Had called labour office, some officer said included absence but some said not to included, in such cases, who should i refer to?
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KL Siew
10/01/2011 19:34:48
If you are a member of MEF, talk to one of their officials. Or else, choose one that you think is reasonable and let the authority decide should the case reach there.
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