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Tan
30/09/2010 12:42:51
Re: Temporary Employees

Dear Mr Siew
My company has a temporary employee (her contract of service has a specific time frame) and we are paying her EPF and SOCSO. However we have not been giving her the Medical Leave or Medical Claim benefits. Are we doing something that is against the Labour Law?
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busybody
30/09/2010 12:52:37

a) Yes, against the LL for the Medical Leave

b) Yes, against the LL for the Medical Claim if it is in the contract of service
and No, it's not against the LL for the Medical Claim if it is not in the contract of service

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Tan
30/09/2010 14:31:30
Thank you, busybody (sorry, no offence intended. i'm just referring to your pseudonym). However, I have seen a similar question posted on 17 Aug 2009 by CKL and the reply given by CK says the opposite. And there were no clarification given by Mr Siew. Therefore, I am just wondering which would be correct?
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busybody
30/09/2010 14:55:51

I've read the CK answers to CKL. He (CK) gave wrong advised for several questions. The answers are:-

1) Annual leave : 2 days (pro rata) Sec60E, EA)
2)Sick leave : 14 days (no pro rata) (Sec 60F, EA)
3)Medical claim: yes only if it is stated in the agreement
4)Socso : Yes,compulsary
5) Yes, compulsary (Sec 60D(1)(b) EA) refer [Ins. P.U.(B) 491/2009] Holiday Act 1951
6) yes, 1 month (Sec.10(1) EA)

All of these answers refer to employment under wages of RM1500.

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KL Siew
30/09/2010 15:04:43
The definition of "part time employee" has all the time been stated in the Employment Act but there was no definite reference whether they are in or out in terms of the benefits under the Act. So, each case might have to be decided based on the facts of the case. Now, something new has come up and there was an announcement by our Labour Minister saying that part time workers are now protected to a certain degree (prorated benefits)under the EA. In this respect, busybody is more abreast with the latest development (Refer to lina's thread date Sept 29). I cannot comment much as it is something not within my experience. Anyway, in case of doubts, one should always consult the Labour Department and talk to some senior officers there.
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Tan
30/09/2010 18:02:04
Thank you to both. Yes, i've read about the recent announcement too. Thank you again.
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