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Joseph
28/08/2012 17:00:52
Re: Question on working hours

We are engineers working for a local firm. All our salary above RM2500. Our normal office hour is Mon-Fri 9AM - 6PM. Due to nature of our business, we need to service our customer 24/7. We get paid RM75 for standby out of office hours.
Standby 1 - Mon-Fri 6PM - 9AM - RM 75 Allowance
Standby 2 - Sat+Sun+PH - 9AM - 6PM - RM 75 Allowance
Standby 3 - Sat+Sun+PH - 6PM - 9AM - RM 75 Allowance
Sometimes we have to work as standby continuously without break for 2 weeks or 3 weeks.
Our question is do we get replacement off day on Sat/Sun/PH even we are paid RM75 allowance?
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KL Siew
klsiew.my@gmail.com
29/08/2012 11:42:02
It looks like you engineers with salary above RM2000 are not covered by the Employment Act and as such, you will have to negotiate with your employer if you think you should be given better terms and conditions.

Anyway, even under the EA, there is no provision for payment for standby duties. You get paid only if you are required to work on rest days or public holidays.
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Joseph
29/08/2012 12:29:28
Thanks Mr. Siew for the quick reply.

Just a little bit more clarification, if the "standby" actually required us to work over weekend or PH continuously without any rest day, company has the choice not to give us any replacement off day since we already being paid RM75 allowance?
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KL Siew
29/08/2012 14:00:51
By the Employment Act standard, working on rest days should be paid (salary/26) x 1 and working on PHs should be paid (salary/26) x 2. With that as a guide, payment of 75 may be a bit too low. Try to negotiate for more if you can.
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Joseph
30/08/2012 11:59:51
Thanks again for the advice.

Just curious about we are not cover by the EA.
When I work at one of the MNC before this, all of us also work on 12 hours shift. We work 3 day on then 4 days off then 4 days on 3 day off. Sometime when need more people, we can work extra day which is consider OT and paid as you said above. One day HR come after my manager said he can't ask us to keep doing OT even though we voluntarily want it. HR said there is some kind of rule that we are mandatory to have a rest day.
Is there any rule in EA on total working hours and compulsory rest day regardless of the salary range?
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KL Siew
30/08/2012 12:33:16
If they are manual worker like production operators, mechanics etc and mentioned in the First Schedule of the EA, but not for engineers obviously,
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Joseph
30/08/2012 13:11:03
That is really surprising.
I remember some of us earn > 5K hence the OT is kind of lucrative. That's why most of us eagerly volunteer for keep working every day non-stop.
The manager got a warning from HR cited some employment rule that everyone must have a rest day after continuously working on x hours. In fact, it was so serious that HR called a staff meeting to ensure we are not being force to do it. We told HR that it is voluntarily but HR gave a stern warning that we are not allow to.
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Joseph
30/08/2012 13:12:30
Quite an irony...
In one company, we want to but not allow but now we don't want but force to..
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KL Siew
30/08/2012 13:34:23
Fight for your rights, that's what you have to do so. You can pay a visit to the local Industrial Relations Department and discuss the problems with some of the IR officers there see if they can in any way help out.
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Joseph
30/08/2012 15:11:02
Many thanks on your advice.
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flow
19/11/2012 10:12:32
i have a situation here: if the staff already applied for annual leave for 1 week, say the close relative passed away during the leave applied.. and he would like to apply for compassionate leaves to cancel the annual leave applied earlier. Is he entitled for that?
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flow
19/11/2012 10:14:57
i just realised i was in the wrong thread. Sorry for that. Hope can help on my inquiry. Thanks.
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