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08/06/2015 12:16:49
Re: Diciplinary action - not working on sunday (REST DAY)

Our drivers paid based on trip allowance and no basic. however if they work on Sunday (Rest Day) we will pay them extra charges from normal day trip payment. my question here is, can we take disciplinary action to our drivers if they don't want to work on sunday?
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KL Siew
08/06/2015 12:38:26
By law, they are entitled to a rest day per week. I don't think it would be advisable to take disciplinary action for that.. Employer only may require them to work on rest days as mentioned in Section 60A(2) of the Employment Act:

“(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:

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