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> annual leave pay and unpaid leave

chickenshit36
post Mar 4 2010, 12:27 AM


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hi guys

im currently working in a company as a permanent staff. however i am still under probation which means i'm not entitled to take any leave. in january, the company paid me money for my unused leave for 2009 as they don't allow unconfirmed staff to carry forward or clear the leave.
therefore i was paid around rm 105 per day for 9 days.

for chinese new year, i took unpaid leave for 3 days. however when my payslip came out, i was shocked as i was charged rm 161 per day for 3 days. this is substantially more than rm 105.

i asked the HR manager thru email and she replied this:

this amount caculated actually automaticlly by Payroll system. This payroll system is set up according Malaysia Labour law. Annual leave pay is caculated acoording to basic salary/26, unpaid leave by basic salary/work days. In february, we got totally 17 days work day, that made you lossing too much.

so im wondering if what she said is true. i feel damn shortchanged by this.


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Kelvin5717
post Mar 4 2010, 01:12 AM


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QUOTE(chickenshit36 @ Mar 4 2010, 12:27 AM)
hi guys

im currently working in a company as a permanent staff. however i am still under probation which means i'm not entitled to take any leave. in january, the company paid me money for my unused leave for 2009 as they don't allow unconfirmed staff to carry forward or clear the leave.
therefore i was paid around rm 105 per day for 9 days.

for chinese new year, i took unpaid leave for 3 days. however when my payslip came out, i was shocked as i was charged rm 161 per day for 3 days. this is substantially more than rm 105.

i asked the HR manager thru email and she replied this:

this amount caculated actually automaticlly by Payroll system. This payroll system is set up according Malaysia Labour law. Annual leave pay is caculated  acoording to basic salary/26, unpaid leave by basic salary/work days. In february, we got totally 17 days work day, that made you lossing too much.

so im wondering if what she said is true. i feel damn shortchanged by this.
*
haha i think what she means is feb only got 28 days compare to others that have 30-31days icon_rolleyes.gif
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chickenshit36
post Mar 4 2010, 10:18 AM


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no leh, rm 160 vs rm 100 is like 40% difference? damn unfair coz they count working day in february instead of normal 26 day which they count when they paid me for my leave
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bcts85
post Mar 4 2010, 10:23 AM


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yup.. it is unfair as it is like this... so u cant do what also..
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bliss85
post Mar 4 2010, 01:27 PM


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When do you start working for them in 2009?

Are the 9 days of annual leave given per annum?

If that's the case then they might have apportion your leaves based on the number of months that you have been there.

If not then something must be wrong.
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WaCKy-Angel
post Mar 4 2010, 01:32 PM


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QUOTE(chickenshit36 @ Mar 4 2010, 12:27 AM)
hi guys

im currently working in a company as a permanent staff. however i am still under probation which means i'm not entitled to take any leave. in january, the company paid me money for my unused leave for 2009 as they don't allow unconfirmed staff to carry forward or clear the leave.
therefore i was paid around rm 105 per day for 9 days.

for chinese new year, i took unpaid leave for 3 days. however when my payslip came out, i was shocked as i was charged rm 161 per day for 3 days. this is substantially more than rm 105.

i asked the HR manager thru email and she replied this:

this amount caculated actually automaticlly by Payroll system. This payroll system is set up according Malaysia Labour law. Annual leave pay is caculated  acoording to basic salary/26, unpaid leave by basic salary/work days. In february, we got totally 17 days work day, that made you lossing too much.

so im wondering if what she said is true. i feel damn shortchanged by this.
*
First of all i dont understand how come u said probation not entitled for leave but then u said u have 9 days leave ???


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vey99
post Mar 4 2010, 01:38 PM


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Wage deduction (Unpaid Leave) should be based on the daily wage of a month, in ur case,
Monthly Salary / # of Calendar Days in Month
For Feb 2010 and a basic of 2800, its

RM 2800 / 28 = RM100 / day -> deduction
Not 17 working days.

Its unfair.

ea 1955, sec 60I.2
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boo82
post Mar 4 2010, 01:45 PM


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well, some companies are like that.
eg: genting.
when I start work as probation, i do accumulate leaves but then not allowed to apply leaves until the probation is over which is 6 months after that.
so in this case, if until the end of the year, is either the company allows me to bring forward my leaves or pay me the money which egenting will allow me to bring forward the leaves.
somehow i felt like nonsense but that's how the management works and has been doing all this time.
so basically, it all depends on each individual companies as they are different in-terms of operate.

well TS, some companies will actually side with the employer rather than the employee. eg: if you take unpaid leaves, they will calculate the days in a month. eg: feb got 28days which will make you lose alot. however, let's say you have tender the resignation and the company want's to pay back you leave, they will actually gather the salary/26 rather than the 28days thing. that's how many companies do to save cost. but not sure if this can bring to court as not stated legal contract on how payment will be made.
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maxsia
post Mar 4 2010, 01:52 PM


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that's so weird, you guyz get paid for not taking leave during probation but not allowed to take the leaves?

I am still probation but i didn't get paid for the untaken leave last year :s, am i being cheated?
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boo82
post Mar 4 2010, 01:59 PM


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well, that's their policy which i also think is kinda ridiculous. That's their policy, so can't do much with it, but just to follow it. Get paid because staff have no choice as they are not allowed to take leave during probation and not allowed to bring forward. So, is not the employee faults, but is the employers'
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vey99
post Mar 4 2010, 02:06 PM


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QUOTE(chickenshit36 @ Mar 4 2010, 12:27 AM)
This payroll system is set up according Malaysia Labour law. Annual leave pay is caculated  acoording to basic salary/26, unpaid leave by basic salary/work days.
*
Annual Leave and Unpaid Leave are not the same category, btw. There is strictly no such thing as Unpaid leave in EA.
Unpaid leave translates to a wage deduction prorated based on ur monthly wage.

Bollocks the system setup according to labour law. labour law has flexibilities like
QUOTE
(2) An employer may adopt any method or formula other than
the method or formula in subsection (1A), (1B) or (1C) for calculating
the ordinary rate of pay of an employee; but the adoption of any
other method or formula shall not result in a rate which is less than
any of the rates provided in the subsections
.

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leongal
post Mar 4 2010, 02:15 PM


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how long did you work? is 9 days the total annual leave? if you have not worked a year, you might have fewer than 9 days annual leave?

100 X 9 = RM 900

rm 160 per day - annual leave

RM 900/ RM 160 = 5.625 days

12 months - 9 days

5.625 days - 12/9 X 5.625 = 7.5 months?

did u work onli 7.5 months last year?


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chickenshit36
post Mar 4 2010, 02:44 PM


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hi guys, thanks for the replies

i started in may 2009. thats why end of the year i have 9 days leave.
it is confirmed as my payslip indicated that they paid me rm 105 per day*9 for the 9 days of my leave.

then when i took unpaid leave for cny in feb, they deducted rm161*3(for 3 days leave)

they mentioned this is because for my balance leave they count by basic salary/26 days

but for my unpaid leave they base it on the number of working days in february which is basic salary/17 days

i was wondering if this is normal or legal.

@Vey99 hey vey is there anyway i can look at the labour law as stated in ur post?
nvm vey, i've googled it and found it already. for those that want to refer
check here

http://www.ilo.org/dyn/natlex/docs/WEBTEXT...55mys01.htm#c16

section 60I.2

60I. Interpretation

(1) For the purposes of this Part and Part IX--

* (a) "ordinary rate of pay" means wages as defined in section 2, whether calculated by the month, the week, the day, the hour, or by piece rate, or otherwise, which an employee is entitled to receive under the terms of his contract of service for the normal hours of work for one day, but does not include any payment made under an approved incentive payment scheme or any payment for work done on a rest day or on any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday; and
* (b)' "hourly rate of pay" means the ordinary rate of pay divided by the normal hours of work.

(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

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

weekly rate of pay
6

(1C) Where an employee is employed on a daily rate of pay or on piece rates, the ordinary rate of pay shall be calculated by dividing the total wages earned by the employee during the preceding wage period (excluding any payment made under an approved incentive payment scheme or for work done on any rest day, any gazetted public holiday granted by the employer under the contract of service or any day substituted for the gazetted public holiday) by the actual number of days the employee had worked during that wage period (excluding any rest day, any gazetted public holiday or any paid holiday substituted for the gazetted public holiday).

(ID) For the purposes of payment of sick leave under section 60F, the calculation of the ordinary rate of pay of an employee employed on a daily rate of pay or on piece rates under subsection (1C) shall take account only of the basic pay the employee receives or the rate per piece he is paid for work done in a day under the contract of service.

(2) An employer may adopt any method or formula other than the method or formula in subsection (1A), (1B) or (1C) for calculating the ordinary rate of pay of an employee; but the adoption of any other method or formula shall not result in a rate which is less than any of the rates provided in the subsections.




i have wrote email with tis link and the excerpt to my employer HR to protest

This post has been edited by chickenshit36: Mar 4 2010, 03:00 PM
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Joey Christensen
post Mar 4 2010, 03:01 PM


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QUOTE(chickenshit36 @ Mar 4 2010, 12:27 AM)
hi guys

im currently working in a company as a permanent staff. however i am still under probation which means i'm not entitled to take any leave. in january, the company paid me money for my unused leave for 2009 as they don't allow unconfirmed staff to carry forward or clear the leave.
therefore i was paid around rm 105 per day for 9 days.

for chinese new year, i took unpaid leave for 3 days. however when my payslip came out, i was shocked as i was charged rm 161 per day for 3 days. this is substantially more than rm 105.

i asked the HR manager thru email and she replied this:

this amount caculated actually automaticlly by Payroll system. This payroll system is set up according Malaysia Labour law. Annual leave pay is caculated  acoording to basic salary/26, unpaid leave by basic salary/work days. In february, we got totally 17 days work day, that made you lossing too much.

so im wondering if what she said is true. i feel damn shortchanged by this.
*
Please compose properly. I couldn't even understand your first paragraph. Let alone the whole post.

Regards, Joey
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chickenshit36
post Mar 4 2010, 03:03 PM


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it means i am under probation.
normally when u are first employed by the company, they require u to go thru a probation period. i am sorry if i confused u with the permanent word as i wanted to say i wasn't employed on a contract basis.
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sweet_pez
post Mar 4 2010, 03:14 PM


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After explanation, I'm even more confused sweat.gif

TS you are currently a permanent staff right? So... it's like in January your company paid you RM 105/ day for all the 9 days of AL you didn't use.

And then in February you took 3 days UL (unpaid leave) for CNY. When you check your salary, they cut off RM169/ day for the 3 days.

You are protesting because it's supposed to be RM 105/ day instead if RM 169/ day right?

My question is... it's 2010 and you should have AL for 2010. What they paid you were for 2009. What happened to the 2010 AL?

And um, you joined the company in May 2009 - are you still on probation now? Usually probationary only lasts between 3-6months. Some companies gives increment after the staff is confirmed. Perhaps the "cut" is because you had increment? Or maybe HR did wrong calculation?

psst: Joey could help but he said he's a little tied-up now~ tongue.gif

This post has been edited by sweet_pez: Mar 4 2010, 03:18 PM
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chickenshit36
post Mar 4 2010, 03:19 PM


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i am still underprobation and as such, i wasn't allowed to carry forward my leave or take any annual leave. that is why they paid me money for my 9 days leave from 2009. and for cny, i had to take 3 days unpaid leave.
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Joey Christensen
post Mar 4 2010, 03:19 PM


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Since it's still the first quarter of year 2010, I doubt he/she has a substantial Annual Leave (AL) as at today. Even if pro rated basis were used for that purpose.

Regards, Joey
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noobkia
post Mar 4 2010, 03:23 PM


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the HR person give u an answer 'its calculated by payroll bla bla bla'
is it just an answer to shut u up? is she familiar with how its calculated?
take it up to her and show her the calculation lor
big difference wei
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Joey Christensen
post Mar 4 2010, 03:28 PM


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QUOTE(chickenshit36 @ Mar 4 2010, 03:19 PM)
i am still underprobation and as such, i wasn't allowed to carry forward my leave or take any annual leave. that is why they paid me money for my 9 days leave from 2009. and for cny, i had to take 3 days unpaid leave.
*
Alright. I won't be touching the 9 (nine) days leave since it's already settled. As for your alleged mentioned leave taken during Chinese New Year, I think you are levied accordingly. However, it is upon your company's discretion to practice such policy.

Regards, Joey

p.s: I believe you are not under probationary period based on what you have posted thus far.
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sweet_pez
post Mar 4 2010, 03:29 PM


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Okay TS, finally got what you mean... yes, the pay should be calculated pro rata. Quick action on sending her the excerpt. Now you'll have to wait and see what she says. If she still insist that she is right, march into her office and get her to show you the calculation.
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gohkokho
post Mar 4 2010, 03:30 PM


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I think RM105 is already deduct EPF, Socso and income tax then only refund to you.

But when company charge you, its the full amount of your basic, RM161, which does not include deduction of EPF, Socso and income tax. Further more February only have 17 - 18 working days.

I guess your basic salary is around 3k?

Just my opinion. I could be wrong.
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Joey Christensen
post Mar 4 2010, 03:32 PM


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QUOTE(sweet_pez @ Mar 4 2010, 03:14 PM)
After explanation, I'm even more confused sweat.gif

TS you are currently a permanent staff right? So... it's like in January your company paid you RM 105/ day for all the 9 days of AL you didn't use.

And then in February you took 3 days UL (unpaid leave) for CNY. When you check your salary, they cut off RM169/ day for the 3 days.

You are protesting because it's supposed to be RM 105/ day instead if RM 169/ day right?

My question is... it's 2010 and you should have AL for 2010. What they paid you were for 2009. What happened to the 2010 AL?

And um, you joined the company in May 2009 - are you still on probation now? Usually probationary only lasts between 3-6months. Some companies gives increment after the staff is confirmed. Perhaps the "cut" is because you had increment? Or maybe HR did wrong calculation?

psst: Joey could help but he said he's a little tied-up now~ tongue.gif
*
A very likely possibility there. It should be taken into consideration for Thread Starter's issue.

Regards, Joey
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chickenshit36
post Mar 4 2010, 03:39 PM


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nope no increment. and my pay erm is almost 3k lah.

payslip came out already and in that payslip it indicated the pay and how much they deduct.
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steventan85
post Aug 10 2012, 05:34 PM


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so meaning to say the employer can calculate ur unpaid leave by dividing 22days as well ?


Added on August 10, 2012, 5:35 pm
QUOTE(chickenshit36 @ Mar 4 2010, 03:39 PM)
nope no increment. and my pay erm is almost 3k lah.

payslip came out already and in that payslip it indicated the pay and how much they deduct.
*
so what is the outcome ?

This post has been edited by steventan85: Aug 10 2012, 05:35 PM
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