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K.K Chan
02/08/2010 12:51:48
Re: Refuse to work extra hours

Dear Sir,
As a shift workers at my company, I been working rostered 8 hours perday. As usual company insist my to work on overtime dua to insufficient manpower. Did I against any law if I refused to work on extra hours as required by my company?
thx.
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KL Siew
pesaraonline@gmail.com
02/08/2010 14:42:05
It is not expected for a worker to refuse working overtime, better not refuse outright. Section 60A of the EA has this to say:

"(2) An employee may be required by his employer to exceed the limit of hours prescribed in subsection (1) and to work on a rest day, in the case of:

(a) accident, actual or threatened, in or with respect to his place of work;

(b) work, the performance of which is essential to the life of the community;

(c ) work essential for the defence or security of Malaysia;

(d) urgent work to be done to machinery or plant;

(e) an interruption of work which it was impossible to foresee; or

(f) work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967:

Provided that the Director-General shall have the power to enquire into and decide whether or not the employer is justified in calling upon the employee to work in the circumstances specified in paragraphs (a) to (f). "
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