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mahmud
04/10/2011 20:01:06
Re: 1st schedule

I'm a shift supervisor which is categorize as an exempt staff for my company.
As a SS, i need to supervise 4 production technician and few other contract workers.

For the production technician, they run numerous machine/rotating equipment such as blower, pump, compressor, extruder and so on. My company is a Manufacturing for the Engineering Plastics or Petrochemical company.

For the contract worker, they do several Manual Job including Bagging Final Product and also Intermediate ones.

So as per First Schedule , my Production Technician included in 2.(2) Act. and i believed that myself is in 2.(3). And i believed that i also covered in this Labour Act and also Entitled to join Trade Union or In-House Union.

Is my assumption Correct? Please someone with better knowledge assist me regarding this matter.

2. Any person who, irrespective of the amount of wages he earns in a month, has entered into a contract of service with an employer in pursuance of which

(1) he is engaged in manual labour including such labour as an artisan or apprentice;

Provided that where a person is employed by one employer partly in manual labour and partly in some other capacity such person shall not be deemed to be performing manual labour unless the time during which he is required to perform manual labour in any one wage period exceeds one-half of the total time during which he is required to work to such wage period;

(2) he is engaged in the operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods or for reward or for commercial purposes;

(3) he supervises or oversees other employees engaged in manual labour employed by the same employer in and throughout the performance of their work;

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KL Siew
klsiew.my@gmail.com
04/10/2011 21:32:19
The First Schedule is also a piece of law which can be subject to various interpretations. Your interpretation can be right until it is determined otherwise. The Labour Department is the authority that has the power to look into the matter and decide. Of course you have the right to join a union it there is one for your company and it is up to the union to accept you as a member based on your eligibility. The Trade Union Affairs Department is the authority to decide should there be a dispute about you eligibility to join a union.
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