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29/07/2011 23:36:27
Re: Lay-Off Benefits


My company decided to close down by end of October. I have been working in this company for 10 years and 5 months. According to Malaysian Labour Law, I am entitle to get twenty days’ wages for every year of employment.

Please advise me as follows:
a) In Malaysian Labour Law - "true day’s wages.." should be calculated by dividing the total numbers of days in the month and not by 26 days and for the true day's wages over a period of twelve month immediately preceeding the relevant date should be divided by 365 days. ( Commentary is not part of the law.)
My company rules and regulations, our working days are 22 days per month instead of 30 days which Saturday and Sunday will not be counted in. Can I claim back my compensation base on my company rules and regulations instead of following Malaysian Labour Law? Meaning my monthly salary to be divided by 22 days instead of 30 days.

b) I still have 38 days of annual leaves. In Malaysian Labour Law, to claim back remaining annual leaves, will it be counted as "true day’s wages.." (30 days) or working days (22 days)?

Appreciate your reply soon.

Thank you,
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KL Siew
30/07/2011 09:18:09
I am not so sure about that. Better you consult the Labour Department.
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