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02/03/2010 22:39:49
Re: Yang Di-Pertuan Agong's Birthday and long working hours

We were forced to work on Yang Di-Pertuan Agong's Birthday and our normal working hours are 45 and 49 hours every alternate week. Also, can the employer reduce our increment just because we tender our resignation? Is that legal?
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KL Siew
03/03/2010 09:43:01
Yang Di-Pertuan Agong's Birthday is in June, isn't it? Anyway, if you are required to work on that day, you will have to be paid extra. As for increment, the employer can give the amount of increment or not to give at all at his discretion, whether you have tendered your resignation or not.
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03/03/2010 19:13:19
Yes. It was in June. We also had to work on Sultan Selangor's Bithday without any extra pay or replacement paid leave.

As for the increment, although I have already received a promotion letter (which stated my new pay package effective the same month), the employer has the right not to give me the new pay package even though I have 2 more months of service in the firm? (I have to give 3 months notice)

I have a few more questions,

1) My employer opt for a minimum of 10 days of the gazetted public holidays. But we did not get day off on some of the compulsory public holidays (without extra pay / replacement paid leave) and 4 out of 10 of the holidays fall on Saturdays, which the working hours is less than 1 half of the normal working hours. I feel there is something not right about all this. Can you please advise?

2) Our firm working days are Monday to Friday (9 hours per day excluding break) , and every alternate Saturday (4 hours per day) . Our working hours are 45 hours and 49 hours every alternate week. Can this be right?

3) Let say I have received my bonus for year 2009 in January 2010. In February 2010 I tender my resignation (3 months notice). Can the employer deduct the bonus that I have received from my following month's salary?

Thank you in advance for your advise.
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KL Siew
03/03/2010 20:46:57
1. Surely it's not right. Should have brought up the matter with the Labour Department long ago.

2. I don't know how the Labour Department would look at it. Personally, I would not want to wrong the employer because when you take at the number of weeks in the month into consideration, the average is in fact less than 48 per week.

3. That would be one really mean employer. Can complain.
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03/03/2010 22:32:13
Thank you for your advice.
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