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> No OT claim for executive above RM1500?, Is that according to labour law?

Swordxend
post Aug 13 2009, 08:24 PM


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I am just graduate from Uni few months ago and now working as exec level in a local company..
I found that in local company they usually do not pay OT claim for executive level staff although they work overtime.. I heard that this is not against the labour law since their salary is above rm1500..
Is this really true?
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crypt1k
post Aug 13 2009, 08:35 PM


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err, no. usually only management lvls are not entitled to OT claims. OT claims are meant for exec lvls, despite your salary being over RM1500. Thats how it was for my ex-company.
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Sylwest
post Aug 13 2009, 08:43 PM


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huhuhu... i also the same... but they say profesional job dont have OT, but have performance bonuses... i'm fresh grad engineer btw

dont know is the law or not
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kellyC
post Aug 13 2009, 08:47 PM


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edited.

This post has been edited by kellyC: Jul 30 2010, 12:06 AM
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borgkye
post Aug 13 2009, 08:53 PM


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yeah, it depends on company.
In my company only manager and above not entitle for OT, other than that can claim OT kaw-kaw brows.gif brows.gif
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Swordxend
post Aug 13 2009, 09:55 PM


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now my fren even work 9-9pm also didnt get ot

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mizzdreyhere
post Aug 13 2009, 10:16 PM


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Yup, depends on company for my company, exec level and above also don't get OT.


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Swordxend
post Aug 13 2009, 10:39 PM


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but if basic is high no need OT claim still consider ok.. cos even get OT claim oso not so high..
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seantang
post Aug 13 2009, 11:10 PM


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QUOTE(Swordxend @ Aug 13 2009, 08:24 PM)
I am just graduate from Uni few months ago and now working as exec level in a local company..
I found that in local company they usually do not pay OT claim for executive level staff although they work overtime.. I heard that this is not against the labour law since their salary is above rm1500..
Is this really true?
The reason why the law doesn't address people with salaries above a certain threshold (ie. salary being an indicator of professional status) - is because the law assumes that a highly educated person like you is intelligent enough to take care of yourself when dealing with your employer. It assumes that you have read and understood the contracts that you signed, and that you are clever enough not to be exploited by your employer.

In the adult world, the reward that you get for your work is a result of the supply of & demand for the skills that you possess. If you feel that you should be paid for the OT that you put in, but you are not... then don't do OT. It's that simple... really.

This post has been edited by seantang: Aug 13 2009, 11:13 PM
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nash9701
post Aug 13 2009, 11:22 PM


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QUOTE(seantang @ Aug 13 2009, 11:10 PM)
The reason why the law doesn't address people with salaries above a certain threshold (ie. salary being an indicator of professional status) - is because the law assumes that a highly educated person like you is intelligent enough to take care of yourself when dealing with your employer. It assumes that you have read and understood the contracts that you signed, and that you are clever enough not to be exploited by your employer.

In the adult world, the reward that you get for your work is a result of the supply of & demand for the skills that you possess. If you feel that you should be paid for the OT that you put in, but you are not... then don't do OT. It's that simple... really.
*
yah....sometimes they hope ur extra commitment, but u have to remember that ur working time is to what extend only, more than that is ur choice....boss can't mad at u just because u go back on time...but in working environment, sometimes u have to work for extra time even not getting the OT claims....don't do job only for the sake of money, u have to remember that if the company not doing well, then no salary for u...so sometimes we need also tolerate with it...


(^____^)
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Dead4Life
post Aug 14 2009, 12:22 PM


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Until now from diff companies I worked, I never get OT (cause OT for non execs). I only got whether off leave or allowance (Travel + Food)
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ray86
post Aug 14 2009, 12:24 PM


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depends on company discretion but labor law is that if income >rm1500/month, OT is not mandatory.
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Joey Christensen
post Aug 14 2009, 12:54 PM


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Since your salary is above RM1500.00 per month, I'm sorry to say that the Employment Act 1955 does not cover yu in this particular matter.

However, if there is specific Terms and Conditions of Service (as stipulated in your contract of service) pertaining to your OT claims then yu are eligible for it.

Regards, Joey

This post has been edited by Joey Christensen: Aug 14 2009, 12:54 PM
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chezzball
post Aug 14 2009, 01:01 PM


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labor law ony tolong those pay lower than rm1.5k loh... therefore no OT pay for higher than that. but if a company dowan provide simple stuff like OT or compensate day off, no point working for them rite?
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vivienne85
post Aug 14 2009, 01:02 PM


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that's true...

my previous company only allows executives to claim travelling allowance..

we cant claim OT allowance watsoever

This post has been edited by vivienne85: Aug 14 2009, 01:02 PM
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jacktai
post Aug 14 2009, 02:09 PM


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This is standard that executive level staff dun have OT claim, but some good Co. instead of giving OT, they give allowance for the extra hours work. (even manager level). Some may provide dinner, or other benefit for the OT.

So executive better go home sharp on time. lol
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Swordxend
post Aug 14 2009, 06:07 PM


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QUOTE(Joey Christensen @ Aug 14 2009, 12:54 PM)
Since your salary is above RM1500.00 per month, I'm sorry to say that the Employment Act 1955 does not cover yu in this particular matter.

However, if there is specific Terms and Conditions of Service (as stipulated in your contract of service) pertaining to your OT claims then yu are eligible for it.

Regards, Joey
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but dun you think that RM1500 for now and previous time are totally different.. RM1500 is hardly survive in place like kl nowadays.. government should increase the limit to a higher limit like RM2000.
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GreatDeal888
post Aug 14 2009, 11:29 PM


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engineer cannot claim OT as usual, thats why i leave my company at 5.30 pm sharp haha !
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seantang
post Aug 14 2009, 11:46 PM


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QUOTE(Swordxend @ Aug 14 2009, 06:07 PM)
but dun you think that RM1500 for now and previous time are totally different.. RM1500 is hardly survive in place like kl nowadays.. government should increase the limit to a higher limit like RM2000.
What does it matter?

Shouldn't you decide what you want to be paid for the work that you do, instead of the govt?

If you feel this company is wrong not to pay you OT, just leave and work at another company that will pay you more. What has the govt got to do with it?

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Swordxend
post Aug 17 2009, 11:17 PM


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QUOTE(seantang @ Aug 14 2009, 11:46 PM)
What does it matter?

Shouldn't you decide what you want to be paid for the work that you do, instead of the govt?

If you feel this company is wrong not to pay you OT, just leave and work at another company that will pay you more. What has the govt got to do with it?
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usually boss will use the grey area etc in government law or policy to earn more and paid less

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seantang
post Aug 18 2009, 12:00 AM


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QUOTE(Swordxend @ Aug 17 2009, 11:17 PM)
usually boss will use the grey area etc in government law or policy to earn more and paid less
So, will your asking salary be something you decide or let the govt decide?

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Gr3yL3gion
post Aug 18 2009, 12:09 AM


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If no OT then don't do lar, simple.
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Joey Christensen
post Aug 18 2009, 11:59 AM


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QUOTE(Swordxend @ Aug 14 2009, 06:07 PM)
but dun you think that RM1500 for now and previous time are totally different.. RM1500 is hardly survive in place like kl nowadays.. government should increase the limit to a higher limit like RM2000.
*
As the saying goes, "As naive as naive gets".

Why would you be linking Government of Malaysia with Employment Act 1955? Your justification made were not strong to make a sway of policy change. Anyways, feel free to write a letter to the authoritative board for further action to be taken. Yu may have a better chance pressing your buttons there.

Regards, Joey

p.s: The jurisdiction is not upon my hands.

This post has been edited by Joey Christensen: Aug 18 2009, 12:01 PM
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juicyjessy
post Aug 19 2009, 03:19 PM


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as i know that it's YES, standard Gorv labour law. Company has the right not to pay the OT for executive or above. BUt, also depends on company.
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