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07/01/2013 13:24:05
Re: OT Claims

Hi Siew,

My company has been paying meal allowances for those who are working overtime in regardless of the basic salary amount, ie, RM 25 for OT 2 hours and above on a regular working day.
The EA (amendment) mentioning that for those who are earning basic salary RM 2000 and below is entitled for OT claims, does this mean, we have to pay these employees OT even though we are paying the meal allowance to them?

Thanks, Qyn
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KL Siew
07/01/2013 14:52:13
Since the "mean allowance" is paid when the employees are working overtime above normal working hours, I would think that the meal allowance should not make the employees to be excluded from the EA and should be entitled to OT.

Furthermore, in para 3 of the First Schedule of the EA, it states:

"3. For the purpose of this Schedule “wages” means wages as defined in section 2, but shall not include any payment by way of commission, subsistence allowance and overtime payment. "

From this, the meal allowance can also be a form of subsistence allowance.

And furthermore, it may not be right to think those with salary over RM2000 are not entitled to overtime. I think when they are required to work overtime, they should be compensated somehow.

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Ms. Chia
20/02/2013 12:26:30
Overtime Maximum Capping rate

Hi Mr. Siew,

My company has been implementing for Overtime Maximum Capping in two catagory: 1) RM2,000 2) RM2,500

This are for Overtime calculation purposes. Meaning for those basic salary is exceeding RM2,000 or RM2,500, their OT will be calculate based on the rate based on the max capping.

Under the EA or labour law, is there any clause indicated that we could implemet this?

And is this related to the recent raise on the salary ceiling from RM1,500 to RM2,000?

Thanking you in advance for your prompt reply.

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02/09/2014 14:00:51
Mr. Siew,

we're revamping the OT rates for the company and would like your comments pay since we do also pay OT for those salary above 2K and Execs below RM3K.

All this while, their ORP is calculated based on base pay. What's the best approach to this and if giving an OT for those above RM2K salary is optional, we do have our right to put a fixed rate on compensating them on hourly rate. This include also RM8 for those doing OT at a minimal 3 hour.

Appreciate your feedback.
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27/11/2014 15:11:57
我们的薪金超过2千, 工作时间5天半。
我们的OT是以配套计算。(在offer letter 注明如下)
做满10个小时是RM210 , 30个小时是RM560, 50个小时则是RM800。

如果我们的OT是刚刚好符合配套, 比如说OT了32 个小时, 那么公司应该支付我们RM560 的加班费。
但是公司却只支付我们RM210 的加班费, 理由是我们必须多做5个小时的加班才可以拿RM560(最少要做35个小时, 每个配套都要免费加班5个小时给公司)。所以公司只付我们配套1 的加班费。
请问这样合法吗? 公司可以这样扣我们员工的加班费吗? 无端端就白白做了22个小时的加班。

另外, 老板要求我星期天来加班,从上午8.30 到下午5.30 。 按照劳工法令, 他应该付多少钱给我?我的OT 配套已经是MAX 的(57个小时 = RM 800 )
公司把星期天的薪水当成OT算进配套里。 结果我的OT是57 + 8 = 65 个小时。
请问公司可以这样做当作pay 了我星期天的工资吗?合法吗? 公司这样做


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16/10/2017 11:07:33
Hi Siew,
we need some advise from you.

currently we have foreign worker and local worker who are entitled to claim overtime, both basic salary less than 2k per month.

we use fix rate to pay eg: rm 8 per hour in stead of 1.5 times after 6pm. may I know are we allowed to do so?

can we mentioned the term (allowance rm 8 per hour after normal working hour) in kontrak perkhimatan to staff?

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