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23/07/2010 08:38:45
Re: definition of a casual worker

according to writter R P Baskaran "2010 Handbook for employers and employees in the private sector"; page 57, casual workers are not defined in the EA or in the IRA 1967:

a) casual workers are employed as and when the need arises. They are given jobs when they show up.

b) they are not entitled to sick leave, annual leave or public holidays which are available to regular employees.

c) The wages are normally paid daily or weekly. They are normally paid at the end of the day, or at the end of the week as agreed.

Currently our construction company employed several local workers. They are daily rated and most of them request payment of wages twice a week. Most of them didn't worked long with us, they will moved to work with others if they're offered better pay from other subcontructor or construction companies.

Are those workers can be defined as casual workers?

Also, EPF and SOCSO advised we to register those employees as well, as long as they received wages from our company (just like the regular permanent workers), even when they only worked 1-2 days with us and then moved on.
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KL Siew
23/07/2010 09:39:02
It is correct the term "casual worker" is not defined in the EA. In my opinion, casual work should be some work that is not related to the core business of the company. If you have a tree in the factory compound to be chopped down, a roof-leaks to be repaired, a pile of rubbish to be cleared out and so on, which are not your company's normal business, and you get some one to do the job, that is casual work and they are casual workers. In your case, I think they are daily rated workers and they are your employees and you are liable to contribute to EPF, SOCSO and entitled to benefits under the EA.
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