While most companies use software to create schedules as its easier to allocate work and keep track of which employee, as to the amount of work done by the, there are times where some of us feel violated at work but not quite sure if our spidey instincts were right.
Most Malaysian employees thought that a lot of these things are expected of us even though it jeopardize our well being to a certain extent. We also find ourselves admiring other countries that have better labour laws which protect their workforce’s best interests. In fact, their employers might even offer their employees insurance such as contract works insurance.
Back here in Malaysia, how well do you know your rights though? Well, let’s find out together
(WARNING: LENGTHY POST AHEAD!)
1. When you’re on probation:
Kennected for insurance agents has allowed people to find the right jobs and for those who did not make the cut but think you’ve done okay, the law states that your boss should have a justified reason or excuse for dismissing your services in the company. If they don’t, you can basically sue them under Section 20 of the Industrial Relations Act 1967(IRA). If you believe that you have been discriminated against in your place of employment, you should consult with an employment attorney at hkm.com.
2. When it comes to wages:
a. You should get your salary no later than the 7th day after the last day of any wage.
b. The minimum wage is currently at RM1,000 a month in Peninsular Malaysia and RM920 in East Malaysia. (this does not apply to domestic helpers)
c. Your advances should not exceed the amount of wages which the employee earned in the preceding month unless it’s to enable you to purchase:
i. …or build or improve a house
ii. …land
iii. …livestock
iv. …a vehicle (motorcar, motorcycle or bicycle)
v. …shares of the employer’s business offered for sale by the employer.
However, employers are not allowed to charge interests on these advances!
d. Your salary must be paid in legal tender or with the employee’s written consent, it may be paid through the bank or by cheque.
e. Your employers can provide you with accommodation, food, fuel, water, medical attendance, or any other approved service in addition to monthly wages.
3. When it comes to your working hours:
a. You are not required to work (under contract of service):
i. For more than 5 consecutive hours without a period of leisure of not less than 30 minutes.
ii. For more than 8 hours in one day
iii. For more than 48 hours in 1 week
iv. In excess of a spread over a period of 10 hours in one day
b. However, you may be required to exceed the limit of hours above and to work on a rest day if the work is:
i. The work is essential to the life of the community
ii. There is urgent work to be done to a machinery or plant.
iii. The work is important to the defence of security in Malaysia.
iv. There are unforeseen circumstances
v. Accident, actual or threatened, in or with respect to your place of work.
vi. The work is significant to our nations economy or any important service.
4. When it comes to overtime:
a. If your contract mentions the practice of overtime rates, you are entitled to be paid a rate of no less than 1.5 of the hourly salary if you work on normal working days.
b. If you’re required to work on your rest day, you must be paid 2 times the hourly rate of pay.
c. If you’re required to work on public holidays, you’re entitled to 3 times the hourly rate of pay.
d. Some companies practice the system of leave replacement credits where you can claim a leave day if you work for more than the specified period of hours on a leave day.
5. When it comes to your annual leave:
a. You are entitled to a paid annual leave of:
i. 8 days for every 12 months of continuous service with the same employer (if you have been employed for a period of less than 2 years)
ii. 12 days for every 12 months of continuous service with the same employer if he has been employed for a period of > 2 years, but < 5 years
iii. 16 days for every 12 months of continuous service with the same employer if he has been employed for a period of 5 years and more
b. If you have not completed 12 months of continuous service with the same employer, you annual leave must be directly proportionate to the number of complete months of service.
c. Sick and maternity leaves are not annual leaves.
d. If your contract says that you will not take any annual leave, you are entitled to payment in replacement for the annual leave.
6. When it comes to your sick leave:
a. To get an MC, you have to be checked by either:
i. A registered medical practitioner appointed by the employer (panel clinics); or
ii. If there are no designated panel clinics or the services of the appointed medical practitioner is not obtainable, taking into consideration the nature and circumstances of the illness, the employee can be examined by any other registered medical practitioners or medical officers.
b. If the illness does not require hospitalisation, the employee is entitled to:
i. 14 days every year (if you’ve been employed for < 2 years)
ii. 18 days every year (if you’ve been employed for 2 years + but < 5 years)
iii. 22 days every year (if you’ve been employed for > 5 years)
c. However, if you end up in the hospital, you’ll have a total number of 60 days.
d. You are entitled to your ordinary pay rate for every day of your sick leave, including hospitalisation.
7. When it comes to your public holidays:
a. You are entitled to paid holidays on:
i. …11 of the gazetted public holidays, 5 of which are the National Day, the birthday of the Yang di-Pertuan Agong, the birthday of the Ruler of the Yang di-Pertua Negeri (based on your own state), Workers’ Day, and Malaysia Day.
ii. …days appointed as a public holiday under Section 8 of the Holidays Act 1951 which refers to any other day that can be observed as a public holiday as the leader of the state sees fit after consultation with the State Authority. An example would be public holidays for victories in major sports events (badminton, hockey, football, etc.).
iii. If your employers have mentioned in their handbook that they do not observe all gazette public holidays, they are under no statutory obligation to observe certain days that are declared as public holidays.
b. If a public holidays falls on a rest day and the following day is a working day, then that day shall be paid holiday substitution. Meaning yes, you get a holiday on Monday if the public holiday falls on a Sunday!
8. When you’re pregnant and employed:
a. All female employees are entitled to maternity leaves for a period of not less than 60 consecutive days if:
i. They have been employed for a period of not less than or amounting to 90 days during the nine months immediately before her confinement.
ii. They have been employed at any time in the four months immediately before her confinement.
b. They are also entitled to maternity allowance which is basically your ordinary monthly salary which must be paid no later than the 7th day of the month.
c. It is considered an offence if you boss fires you during your maternity leave!
9. When you get fired (touch wood):
a. Provision for when you get fired must be provided in the contract that you have signed when you joined your company. So if they promise you a basket of fruits in your contract if they fire you, you need to get your basket of fruits.
b. Contract of service is any agreement (whether in oral or in writing) that one person agrees to employ another as an employee and the other agrees to serve their employer as an employee based on the specifications provided by the employer – which includes apprenticeship contracts.
c. If your contract does not specify on the termination of an employee, the period of notice should be as follows:
i. 4 weeks if you’ve been employed for < 2 years
ii. 6 weeks if you’ve been employed for > 2 years but < 5 years.
iii. 8 weeks if you’ve been employed for > 5 years.
d. However your contract of service can be terminated should you commit any misconduct, of which your boss may do any of these 3 things:
i. Dismiss you without notice
ii. Downgrade you
iii. Suspend you without wages for a period of no more than 2 weeks
iv. Impose other lesser punishment as your boss deems just and fit.
e. Your contract of service will be deemed obsolete if:
i. Your boss have broken the contract of service should he fail to pay your salary on or before the 7th day of the month.
ii. You have been deemed to have broken your contract if you are continuously absent from work for more than 2 consecutive working days without prior leave unless you have one hell of an excuse and told you boss as soon as you could’ve.
10. When you have been laid-off:
a. Your lay-off benefits must not be less than
i.10 days wages for every year you’ve been working under them if you’ve been working them < 2 years.
ii. 15 days wages for every year you’ve been working under them if you’ve been working them > 2 years but < 5 years.
iii. 20 days wages for every year you’ve been working under them if you’ve been working them for > 5 years.
b. Your bosses are required to pay your lay-off benefit no later than 7 days after the relevant date.
c. If you are faced with any problems, get in touch with the Malaysian Ministry of Human Resources or calling the customer service of departments relevant to your problem. Or just drop them a text by typing “KSM[space][Department Code][space]ADUAN[space][your complaint]” and send it to 15888. Details on the telephone numbers of the customer service departments and the list of department codes can be found here.
Now that you know your rights, apply them wisely and have fun working!
Header image source
There is a number of Labour Laws that should be posted by each business owner under the current legislation. For example, if your business is located in New York, New York posters will guarantee that you are covered under your state and federal compliance laws.