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5 days work company ? General Queries ? MYLabourLaw
MYLIM
Member
Country: Malaysia
Joined: 14-Apr-2012
Posts: 2
Sat, 14 Apr 2012 08:58:58 AM  (Last updated: Thu, 26 Apr 2012 04:52:08 PM)

Dear All,

Good Morning to you all.  I am a new joined member.

I'd just found a 5 days work  job and need to handle payroll.

I have the following question :

1)The calculation of ORP rate. Normally is basic salary divided by 26 days. However, work 5 days a week legally should divided by how many days?

2)For incomplete month working , normally we use RPD to calculate, which is basic salary divided by no of days of the month, is it apply the same for 5 days work?

3)If work on Saturday, is it consider work on a rest day or work on normal day?

Kindly advise and thank you.

 

KL Siew
Administrator
Country: Malaysia
Joined: 05-Feb-2008
Posts: 7673
Sat, 14 Apr 2012 09:55:56 AM

1) & 2) According to the formula in Section 60i (1A) as stated below, it is 26. However, there are 5-day week companies using 24 or even 22. I think that may be subject to negotiation. The law is 26. You better consult the Labour Office about it.

(1A) Where an employee is employed on a monthly rate of pay, the ordinary rate of pay shall be calculated according to the following formula:

monthly rate of pay / 26

3. If you ask me, I think it is only fair to be the same as working on rest day.

 

 

MYLIM
Member
Country: Malaysia
Joined: 14-Apr-2012
Posts: 2
Sat, 14 Apr 2012 01:04:27 PM

Dear KL Siew,

Thank you very much for your advise.

Jessie Lim
Member
Country: Malaysia
Joined: 26-Apr-2012
Posts: 4
Thu, 26 Apr 2012 04:52:08 PM

Hi KL Siew,

1. I haven't got my confirmation letter for a month after 3 months probation, does that mean I can resign from my current company anytime without any notice?

2. I haven't got my travelling claim. When I ask, they said that they have to hold my claim because there is no prove of me traveling, but, I only traveling when my boss instructed me to travel for business. Can they hold my claim?

3. I'm an Engineer, with salary RM1800 minus EPF&SOCSO left RM1500+. Is it true that I can claim O.T. If my salary is RM2500 below?

Thank you.

 

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