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Theresa Joseph
30/11/2011 04:07:08
Re: Questions

I am working in a retail shop; selling personal care, beauty products, household products, etc.

1. I am a supervisor with a salary of RM1500 per month. My working hour is 10am to 10pm with a day off in any day given by my employer. Sometimes I am required to work till11pm. Shouldn't I be paid OT, because currently I am not paid OT? My employer gives me a certain percentage of rewards based on monthly sales though.

2. Am I entitled to medical claim? If yes, is there a limit? How about for those whose salary are lesser than mine; are they entitled to medical claim, if yes, is there a limit? Say, consultation plus medicines is RM150. And this happened twice a month. Can we claim all these amount?

3. Is it legal for my employer to deduct my salary because of missing items (products to be sold) in the shop?

5. My employer gives our salary on 7th every month using cheque. Is this legal because it takes 3 days to be cleared?

6. Can my employer force me to take my annual leave balance? I have 15 days balance and my employer is 'forcing' me and my colleagues to finish off our annual leave balance before the year ends. I actually preferred to be paid.

7. If I didn't utilised all my MC entitlement, can I ask to be paid on the balance?

8. Say, I ask for annual leave on Tuesday till next Tuesday; meaning coming back to work on next Wednesday, am I not entitled my day off on the week I come back to work?

Thanks in advance for replying.


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KL Siew
30/11/2011 09:47:21
1. Yes, you should be entitled to OT. Claim from your employer.
2. If the contract says you are entitled to RM150 medical claim, then you can claim.
3. I think that may be just a deterrence. Just be careful with the items under your charge. You can complain to Labour Office if you think you are not responsible for the loss and your salary should not be deducted.
5. It is OK.
6. Yes, you have to take. Otherwise, can be forfeited.
7. No,
8. Next time, mention clearly in your leave application the period of leave does not include rest days, holidays and so on.
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Clarice Theresa
30/11/2011 14:52:24
Thanks for the reply.

1. According to my employer I am not entitled to OT because my salary is RM1500, so can't claim OT. Only for those below RM1500 can claim OT. On what base my employer said that? But since I can, then it should be 1500/26x8x1.5, am I right?

2. My contract never mentioned anything about medical claim. Does this mean that I cannot claim?

Thanks in advance for replying.

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KL Siew
01/12/2011 18:00:54
1. Try to work out some form of payment. Otherwise, why should you work for free?
2. Then it goes according to your company's practice.
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Clarice Theresa
02/12/2011 00:36:36
Thank you very much...
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