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Ms Chong
04/05/2011 16:14:46
Re: Computation of Salary


I have an employee taking study leave, commencing on 25/04/2011 (Monday) until 20/05/2011 (Friday). Naturally before going on her study leave, she worked until 22/04/2011 (Friday). Her salary is RM2,500.

So for the month of April 2011 (30 days), her salary was calculated as below:-

(2500/30) x 22 = RM1,833.33

Can I confirm whether the above is correct?

1) She is disputing the calculation because she said her April salary was divided by 30 days (wages scheme) instead of 26 days (monthly scheme). I believe she is using Section 60I (1A) as her point.

I've been reading your Q&A, and been asking around friends in HR (big organisations), they said 26 days are for calculating OT and annual leave, while salary is to be divided by the number of days in a month (i.e. 28 or 30 or 31).

2) She is also asking for us to pay her for the two days, i.e. 23/04/2011 (Saturday) and 24/04/2011 (Sunday). Her argument was that she has worked the whole week from 18/04/2011 to 22/04/2011 (Mon - Fri), therefore she is entitled to the Saturday and Sunday salary.

Sigh, I find that our EA is NOT easy to understand in structure and content.

Please advise.

Ms Chong
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04/05/2011 16:38:43
Since her salary is above RM 1500, she is not cover with EA unless she is a manual employee.

For EA covered employee,

1) Under section 60I (incomplete month's service)
A monthly rated employee who commences or resigns within period which less than one month, the calculation of his salary is based on the following formula:-

Monthly salary / total number of days in the month x number of days employed.

So, your calculation is correct if she is covered with EA

2) For the Sat and Sun, you need to refer back the letter. See the last day of her service is when, if write 22/04/2011 then the company no need to pay her. If write 24/04/2011 then the company need to pay the 2 days salary.
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Ms Chong
04/05/2011 17:37:24
Dear HR

She is still our employee. She is not resigning, but only goes for her study leave by taking unpaid leave. She will resume her work on 23/05/2011 (Monday).

1) You mean if she is covered under EA, my calculation is correct. But since her salary is above RM1,500, she is not under EA, so may i know what is the right calculation?

2) Must i pay her the Saturday & Sunday salary then?

Ms Chong
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04/05/2011 17:58:54
I know she not resign but she not complete the whole month of service so by EA, the salary is divide by the days in the month.

Ans 1
If she is not cover by EA, then you refer back to your offer letter or confirmation letter. For people who not cover with EA, their salary can be divided by 26 (6 working days), 24 (5 working days) and 30 or 31 (days in month). Depend on the company want to choose which.

For me, i will choose divide by the days in the month.

Ans 2
When she request for study leave, she should fill up a form stated the date where she can't report to work. (Ex 25-04-2011 to 26-04-2004)
And the HR will send another letter stated the date of her last commitment.
A correct procedure.
If the letter filled 22-04-2011 then you to pay her till 22/04/2011
If it filled 24/04/2011 then you need to pay her up till 24/04/2011

The letter that HR reply to the employee is the key to it.
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