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Message Date : 12 Feb 2010 11:33:57 pm
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| Member : |
jessica82 |
| Join Date : |
12 Feb 2010 |
| Location : |
Pahang |
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Hi,
Would like to ask, If i were sick and had a MC chit. Is it possible for the employer to deduct my salary? If so, can i sue the Employer at Jabatan Tenaga Kerja? |
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Message Date : 20 May 2009 11:53:22 am
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| Member : |
samantha_yap |
| Join Date : |
20 May 2009 |
| Location : |
Wilayah Persekutuan |
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I have been working with the current company for 8years now. The first day i joined we were given an employee handbook however over the years, I've lost the handbook. During these years there were no updates given to us by our HR and somehow the employee handbook is no longer given to employees anymore. We have asked our HR about our rightful number of working hours per day (standard working time should be 9-5). However, our HR said there is nothing mentioned in our employee handbook on our rightful number of working hours/day. Is this lawful? Every employee handbook should state clearly number of working hours perday. Please advise me. |
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Message Date : 7 May 2009 04:32:18 pm
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| Member : |
maxiflare |
| Join Date : |
7 May 2009 |
| Location : |
Sabah |
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I would like to ask if one company having it's own sport club facility such as pool, gym, library & etc. Is it logic in which the staffs need to pay subscription fees each month? Isn't it part of the company budget to prepare such facility for the staffs free of charge? I was new here. And in a sudden i was given a subscription form whereas other old staffs never fill up such a form before yet they still using the facilities. Thanks. |
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Message Date : 24 Mar 2009 05:07:08 pm
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| Member : |
vic1 |
| Join Date : |
7 Aug 2008 |
| Location : |
Wilayah Persekutuan |
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Dear feb9514,
You shall be given a prorated of balance of annual leave should you decided to resign from your employment. Please check with your HR on how to calculate your annual leave pay.
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The Consultant says...Of course making reference to the company's HR department (and to the company's HR policies & procedures) is a good way to clarify feb9514's doubt, you could also make reference to the Employment Act 1955 for the answer (assuming feb9514 is an "employee" as defined by the First Schedule of the Act).
Could you quote the relevant Section(s) of the Employment Act 1955 for your answer? The way of calculating the annual leave pay is also provided by the Employment Act 1955. Can you spot the relevant Section? |
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Message Date : 24 Mar 2009 05:03:34 pm
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| Member : |
vic1 |
| Join Date : |
7 Aug 2008 |
| Location : |
Wilayah Persekutuan |
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Dear janettan,
Give me one good reason why should you get a replacement leave if you are on MC on your off day? Does the company pays you wage on Saturday? Please refer to your Employee Handbook or any written procedures from the company.
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The Consultant says...While it is right to make reference to the company's HR policies on the matter, it would be more convincing if you can you quote the relevant Section(s) within the Employment Act 1955 for your answer (if I may regard your question to a question as an answer).
Also, can you enlighten us to the relevance between being paid wages on Saturday (off-day) and the entitlement/disentitlement to a replacement off-day for falling ill on that day? Are you saying that if the employee is not paid wages on Saturday (off-day), then he/she is entitled to a replacement off-day if he/she falls ill on an off-day? Please support your answer with relevant case law/statute, if any; or is this just your personal opinion?
Would your answer be any different if Jenettan is not an "employee" as defined by the First Schedule of the Employment Act 1955? |
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Message Date : 24 Mar 2009 01:29:32 pm
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| Member : |
feb9514 |
| Join Date : |
24 Mar 2009 |
| Location : |
Selangor |
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From feb9514:
I wish to resign from my company early this year and I am entitled to 10 days annual leave for 2009. Has the company the right to enforce pro-rated annual leave instead of the full entitlement of 10 days? I have checked in my appointment letter but there is no mention of this.
Thank you.
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Message Date : 7 Mar 2009 11:25:39 am
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| Member : |
janettan |
| Join Date : |
7 Mar 2009 |
| Location : |
Wilayah Persekutuan |
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I am working in a company which i need to work on alternate saturday.
If i fall sick on the saturday that i am off and got a MC , do i entitle to get
a replacement leave?
thanks |
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Message Date : 18 Feb 2009 12:32:07 pm
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| Member : |
ashley_woo |
| Join Date : |
6 Mar 2008 |
| Location : |
Wilayah Persekutuan |
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To elpis,
If your company has a policy for that, you shall be following the company's policy for doctor visits/appointment. If none was mentioned, it depends on the company then. Some employers do give some leeway to the employees to go to visit doctor during office hour whenever necessary. However, if such visit was a pre-arranged regular appointments/check-up, the employer has the rights to request the employee to apply for annual leave or unpaid leave(if no more annual leave).
To teoh3402,
Unpaid leave means an employee shall not be paid for such absence. All salary, allowances and benefits shall cease for that period. This including monthly salry, fixed allowances, EPF and other similar benefits.
The practices above are not mentioned in the EA. Can someone support me with some act/regulations? Thanks.
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The Consultant says...Dear "ashley_woo", thanks for your participation.
You've advised well in "elpis" case.
As for the case involving "teoh3402", you need to consider whether wages is monthly or weekly or daily rated. In the case of monthly rated employee, wages cannot be deducted for the days of absence, unless consent in writing by the employee is obtained. Such consent is usually made available via application of no-pay leave by the employee.
As to whether or not the employee is entitled to fixed allowances or other benefits during the periof of no-pay leave, much will depend on the conditions for the granting of such fixed allowances or other benefits. The employee shall make reference to the company's HR Policies & Procedures to view such details. In the absence of such conditions stipulated in the company's HR Policies & Procedures, then reference shall be made to the definition of "wages" as provided in S.2 of the Employment 1955. In case of any disputes, S.69(1) or S.69B of the Employment Act 1955 shall be relevant (for those employees covered by the said Act). |
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Message Date : 10 Feb 2009 05:18:10 pm
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| Member : |
teoh3402 |
| Join Date : |
11 Jul 2006 |
| Location : |
Selangor |
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When I joined the company, I was asking to acknowledge a document about my entitlement of fixed monthly traveling allowance which separated from my basic salary.
I taken few days of unpaid leave during one of the month due to not entitle for the annual leave even pro-rated by the month I joined the company.
When I received the pay slip for that particular month, I found that the net amount was lesser than what I should entitled.
I clarify with the HR and was told that the computation of the unpaid leave is the gross salary, means basic salary plus the monthly traveling allowance.
I am wonder is this a correct formula to use in calculate the unpaid leave by include the fixed month allowance?
Thanks and regards,
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Message Date : 4 Feb 2009 10:50:08 am
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| Member : |
elpis |
| Join Date : |
4 Feb 2009 |
| Location : |
Selangor |
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Hi, I would like to enquir about:
Do I get pay from the company during my gynae visit during office hours? Or should I deduct it from my annual leave or no paid leave during my absence?
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The Consultant says...Let's wait and see what other members have to offer (in term of advise/comment) in relation to your questions.
For the information of all members, my role in this Public Forum is to moderate, and not to advise. However, members can always go to Private Consultation if they want to seek my advise. |
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