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KK Cheong
13/08/2010 18:40:32
Re: Working Hour under the Law

My working hour is from 0900 to 1700 hr (Mon-Fri) 0900 to 1300 (Sat). Management issued a notice informing that effective from 1st September 2010 working hour shall change to 0900-1730 hr (Mon-Fri) & Saturday maintain the same.
My questions are (1) Does lunch hour inclusive in the normal 8 working hour? (2) Extending working hour by additonal 0.5 hour per day on weekday (Mon-Fri) is that any offence under M'sian Labour Law? (3) Under current M'sian Labour Law are we supposed to work <48 hours or 44 hrs
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KL Siew
13/08/2010 19:32:17
Section 60A of the Employment Act may provide the necessary info:

"60A. Hours of work.

(1) Except as hereinafter provided, an employee shall not be required under his contract of service to work:

(a) more than five consecutive hours without a period of leisure of not less than thirty minutes duration;

(b) more than eight hours in one day;

(c ) in excess of a spread over period of ten hours in one day;

(d) more than forty-eight hours in one week: "
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KK Cheong
17/08/2010 08:55:17
Thank you for your prompt reply.

I would like you to elaborate in my case from 44 hr a week becomes 46.5 hr but less than 48 hr I cannot ask any OT from Management under Section 60A (d)?
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KL Siew
17/08/2010 15:50:24
I don't think you can claim overtime because of that change of terms and conditions of employment. You can consult the Labour Office also about this.
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Pat Mak
22/08/2010 14:53:40

I would appreciate if you kindly advise on the following:-

1) If i apply 5 days no pay leave prior to my off day, how many days of no pay leave can be deducted from my salary?

2) If I was on on pay leave on Monday, Tuesday being my off day and on wedesday I was absence, how many days of no pay leave can be deducted from my salary

Thank you
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Eunice Lo
23/08/2010 16:06:58

My work as a waitress attached to a thai restaurant. My working hours is from 11am to 2.30pm (for morning session), 5pm to 1am (for evening session) for everyday. However, I only entitle for 2days rest per month. Mean that, I need to work 12.30 hours per day and work for 7 days per week.

I would like to ask is there any offence under Malaysian Labour Law? Can i claim my OT? or this is a normal practice for working in a restaurant?
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24/08/2010 09:44:32
Hi, below is my working hour:

Mon-Fri : 9am-5:30pm,
Sat : 9am-3pm
but i get 1 off on Saturday every month.

It's my last month probation now, but i've always worked exceeding my working hours, sometimes til 8pm at night but not paid OT, due to the reason that i am still under training. Is that right? I felt treated unfairly.
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09/10/2010 14:20:49
Hi KL Siew,

What do u mean by 10 hours spread over period? Is that 10 hrs including leisure time or just the work hours?

If the person is scheduled to work for 8 hours, but he got a half hour break every 5 hours, is that OK?
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