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Jeff
chin_cheeseong@yahoo.com
18/05/2011 16:52:16
Re: BASIC & OT CALCULATION

Hi,
For my case, my company got 1 of car workshop worker.
His start work at 8/5/11 stop of 15/5/11 (half day). off day on 9/5/11
Working hour from 10:30 a.m to 9:30 p.m

Which calculation is correct?
i) RM 2800/31*7.5= RM677.42 or
ii) RM 2800/26*6.5= RM700.00

OT 6 hours
i) RM2800/31/10*6*1.5= RM 81.29 or
ii) RM2800/26/10*6*1.5= RM 96.92

i use (i) to paid for salary, but under labour law correct or wrong? Now this worker call up compny said wrongly colculation.. how?
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HR
18/05/2011 17:10:34
RM 2800 / 31 * 7.5
In EA, uncompleted month's of service will divided by total number of days in the month.

For the OT, use
RM 2800 / 26 / 10 * 1.5 * 6
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KL Siew
pesaraonline@gmail.com
18/05/2011 17:25:34
I have another view:

1. I thought 15 May was a Saturday. If the working hours for Saturdays were also from 10.30 to 9.30pm and he left after working half day, then your calculation x 7.5 is correct. If Saturday was a half day, his should be paid full day since he was monthly paid worker. You should use (2800/31) x 8.

2. I though the OT formula should be (2800/26/8 (not by 10))x1.5 x 6.
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HR
18/05/2011 17:48:35
Because Jeff say "car workshop" mean they work 6 days per week so the calculation i give is 7.5.

For the OT, in EA stated :-
:Overtime is defined as the number of hours in excess of the "NORMAL WORKING HOUR" of work per day. Section 60A(3)(b)

"Hour of work" means a number of hours during which the employee is EXPECTED to work, discounting any intervals and rest for tea breaks and meals allowed. It is agreed between an employer and an employee in the contract of service. Section 60A (3)(c)

In Section 60A(1)(b) stated the maximum hour work in one day is 8 hours but by mutual agreement, the number of working hours in one or more days of the week MAY be exceed or be less than the number of working hours. Under such circumstances, the working hours must not be more than 9 hours in one day.

So, in the contract of service, the normal working hours can be 10.30 to 9.30 is 11 hour minus 1 hour lunch so remain 10 hour. The OT will be 1 hour.

So Basic / Normal working hour x 1.5 rate * OT hour

I based on the above regulation.
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HR
18/05/2011 17:55:15
Sorry, maybe too complicated to understand. Summaries with example:-

Employee working hour 9.00am - 5.00pm total 8 hour. Excluded lunch so total working hour is 7 hour. If the employer request staff to stay back work until 8.00pm. The OT will be count start from 5.00pm to 8.00pm instead of count from 6.00pm (9.00am to 6.00 pm is 8 working hour).

So calculating OT need to refer back your NORMAL WORKING hour.
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KL Siew
18/05/2011 20:23:22
The following section may be helpful:

60A. Hours of work.

(1) Except as hereinafter provided, an employee shall not be required under his contract of service to work:

(a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

(b) more than eight hours in one day;

(c ) in excess of a spread over period of ten hours in one day;

(d) more than forty-eight hours in one week:

........
.........

(3) (c ) For the purposes of this section, section 60, section 60D(3)(a) and section 60I, “normal hours of work” means the number of hours of work as agreed between an employer and an employee in the contract of service to be the usual hours of work per day and such hours of work shall not exceed the limits of hours prescribed in subsection (1).
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