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 Malaysian Labor Law Regarding Working Hours, What is the maximum per week?

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TScybermaster98
post Feb 9 2011, 04:01 PM, updated 9y ago

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Can somebody tell me which website to refer with regards to the maximum working hours per week for the corporate private sector?
barista
post Feb 9 2011, 04:04 PM

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From what I know, you cannot work more than 6 days in a roll without any rest day in between.
DarkAeon
post Feb 9 2011, 04:07 PM

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Here's what the Employment Act says:

60A. (1) Except as hereinafter provided, an employee shall not be
required under his contract of service to work—
(a) more than five consecutive hours without a period of
leisure of not less than thirty minutes duration;
(b) more than eight hours in one day;
© in excess of a spread over period of ten hours in one day;
(d) more than forty-eight hours in one week:

For the whole act, read here refer to 'Hours of work'
jady
post Feb 9 2011, 04:21 PM

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48 hours per week. that's why a lot small company have 6 full working days.
kasha
post Feb 9 2011, 04:54 PM

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but only applicable for those earning 1.5K and below,right?
WaCKy-Angel
post Feb 9 2011, 04:57 PM

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Whats the point?
You want to argue with your company you dont want do OT ?

Seriously if u dont want to work, many others are waiting for your position..and dont mind getting lower pay then u..

Your company can let u go anytime and find a replacement.
TScybermaster98
post Feb 9 2011, 04:58 PM

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QUOTE(DarkAeon @ Feb 9 2011, 04:07 PM)
Here's what the Employment Act says:

60A. (1) Except as hereinafter provided, an employee shall not be
required under his contract of service to work—
(a) more than five consecutive hours without a period of
leisure of not less than thirty minutes duration;
(b) more than eight hours in one day;
© in excess of a spread over period of ten hours in one day;
(d) more than forty-eight hours in one week:

For the whole act, read here refer to 'Hours of work'
*
Yes but most companies have this clause written into the contracts:

'you might be required to work additional hours as and when is neccessary and your salary is deemed to have included this'

Is this statement/ clause in accordance with labor laws?
TScybermaster98
post Feb 9 2011, 05:01 PM

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QUOTE(WaCKy-Angel @ Feb 9 2011, 04:57 PM)
Whats the point?
You want to argue with your company you dont want do OT ?

Seriously if u dont want to work, many others are waiting for your position..and dont mind getting lower pay then u..

Your company can let u go anytime and find a replacement.
*
This is the kind of mentality that has caused the labor laws and employee benefits in this country to go down the drain. This is why countries like Indonesia have much stronger and fool proof labor laws because the moment any company (whether foreign or local) goes against them, employees are up in arms defending their rights.
furryfluffy
post Feb 9 2011, 05:09 PM

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QUOTE(cybermaster98 @ Feb 9 2011, 04:58 PM)
Yes but most companies have this clause written into the contracts:

'you might be required to work additional hours as and when is neccessary and your salary is deemed to have included this'

Is this statement/ clause in accordance with labor laws?
*
Very subjective clause.

"As & When Necessary" does not mean all the time. I believe as long as you do not exceed 48 hrs (6 x 8hrs) per week it is still within the employment act but most employees do get some sort of compensation for the extra effort in performance bonus etc. Else, look else where for better working environment.
kasha
post Feb 9 2011, 05:44 PM

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QUOTE(cybermaster98 @ Feb 9 2011, 04:58 PM)
Yes but most companies have this clause written into the contracts:

'you might be required to work additional hours as and when is neccessary and your salary is deemed to have included this'

Is this statement/ clause in accordance with labor laws?
*
is ur salary less than 1.5K?

QUOTE
The Employment Act, 1955 is the principal employment legislation regulating the terms and conditions of employment of those earning RM1,500 per month.


coz what i understand, for those earning more than 1.5K, must follow the company's contract
xDingx
post Feb 9 2011, 06:19 PM

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QUOTE(DarkAeon @ Feb 9 2011, 04:07 PM)
Here's what the Employment Act says:

60A. (1) Except as hereinafter provided, an employee shall not be
required under his contract of service to work—
(a) more than five consecutive hours without a period of
leisure of not less than thirty minutes duration;
(b) more than eight hours in one day;
© in excess of a spread over period of ten hours in one day;
(d) more than forty-eight hours in one week:

For the whole act, read here refer to 'Hours of work'
*
I'm wondering if what are mentioned by this act r also applied to those auditors who most likely work more than 48 hours per week.... tongue.gif

This post has been edited by xDingx: Feb 9 2011, 06:21 PM
TScybermaster98
post Feb 10 2011, 08:05 AM

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QUOTE(furryfluffy @ Feb 9 2011, 05:09 PM)
Very subjective clause.

"As & When Necessary" does not mean all the time. I believe as long as you do not exceed 48 hrs (6 x 8hrs) per week it is still within the employment act but most employees do get some sort of compensation for the extra effort in performance bonus etc. Else, look else where for better working environment.
*
The normal working hours will already take you to 48 hrs per week. So any addional work will take u past the 48 hr mark. My company has just implemented a 7.30am-7pm (Mon-Sat) working regime without any additional compensation. Mind you im in the management bracket in an international company.

Does this new ruling contradict Malaysian Labor Laws?
faceless
post Feb 10 2011, 08:39 AM

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QUOTE(kasha @ Feb 9 2011, 04:54 PM)
but only applicable for those earning 1.5K and below,right?
*
While the employment act applies to those earning below 1.5k, companies use this to fomulate their regular operation hours.
Joey Christensen
post Feb 10 2011, 09:53 AM

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What are the hours of work under the law?

All employment issues are matters of law. Like many codes of employment law, Malaysian law contains such features as the eight-hour day and 40-hour week, averaged over three weeks to include overtime. The average work week (averaged over three weeks) cannot exceed 48 hours, and never more than 10 hours a day on average. No one can be required to work more than 12 hours in a day.

Source: Malaysian Labor Law Act

An employee shall not be required under his contract of service to work -

1. more than 5 consecutive hours without a period of leisure of not less than 30 minutes' duration.
2. more than 8 hours in one day.
3. in excess of a spread over a period of 10 hours in one day.
4. more than 48 hours in one week with certain provisos.

Source: PNMB-LawNet

Regards, Joey

p.s: Welcome to Malaysia a.k.a Bolehland

This post has been edited by Joey Christensen: Feb 10 2011, 09:54 AM
TScybermaster98
post Feb 10 2011, 10:12 AM

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QUOTE(Joey Christensen @ Feb 10 2011, 09:53 AM)
What are the hours of work under the law?

All employment issues are matters of law. Like many codes of employment law, Malaysian law contains such features as the eight-hour day and 40-hour week, averaged over three weeks to include overtime. The average work week (averaged over three weeks) cannot exceed 48 hours, and never more than 10 hours a day on average. No one can be required to work more than 12 hours in a day.

Source: Malaysian Labor Law Act

An employee shall not be required under his contract of service to work -

1. more than 5 consecutive hours without a period of leisure of not less than 30 minutes' duration.
2. more than 8 hours in one day.
3. in excess of a spread over a period of 10 hours in one day.
4. more than 48 hours in one week with certain provisos.

Source: PNMB-LawNet

Regards, Joey

p.s: Welcome to Malaysia a.k.a Bolehland
*
Can you provide direct web links?
Joey Christensen
post Feb 10 2011, 10:52 AM

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QUOTE(cybermaster98 @ Feb 10 2011, 10:12 AM)
Can you provide direct web links?
The excerpt which I had posted is good enough for your understanding...Anyway, here's the links:

1. http://www.ehow.com/about_6643653_malaysia...or-law-act.html
2. http://www.lawnet.com.my/lawnetpublic/Lega...69/Default.aspx

Wait till you see those doctors doing their housemanships...

Regards, Joey
TScybermaster98
post Feb 10 2011, 10:54 AM

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QUOTE(Joey Christensen @ Feb 10 2011, 10:52 AM)
The excerpt which I had posted is good enough for your understanding...Anyway, here's the links:

1. http://www.ehow.com/about_6643653_malaysia...or-law-act.html
2. http://www.lawnet.com.my/lawnetpublic/Lega...69/Default.aspx

Wait till you see those doctors doing their housemanships...

Regards, Joey
*
Yes im well aware of the life of housemen's.
WaCKy-Angel
post Feb 10 2011, 04:11 PM

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QUOTE(cybermaster98 @ Feb 9 2011, 05:01 PM)
This is the kind of mentality that has caused the labor laws and employee benefits in this country to go down the drain. This is why countries like Indonesia have much stronger and fool proof labor laws because the moment any company (whether foreign or local) goes against them, employees are up in arms defending their rights.
*
Thats the fact and u have to accept it.

Try to find your colleague arm and defend your rights, i'd bet they will treat u like a wacko.
TScybermaster98
post Feb 10 2011, 04:15 PM

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QUOTE(WaCKy-Angel @ Feb 10 2011, 04:11 PM)
Thats the fact and u have to accept it.

Try to find your colleague arm and defend your rights, i'd bet they will treat u like a wacko.
*
Accept something thats wrong? Words of a loser i see.

And no the only wachos are those who refuse to do anything choosing instead to go with the flow while complaining to kingdom come.
Fadly
post Feb 10 2011, 04:20 PM

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QUOTE(cybermaster98 @ Feb 10 2011, 08:05 AM)
The normal working hours will already take you to 48 hrs per week. So any addional work will take u past the 48 hr mark. My company has just implemented a 7.30am-7pm (Mon-Sat) working regime without any additional compensation. Mind you im in the management bracket in an international company.

Does this new ruling contradict Malaysian Labor Laws?
*
Government often overlook the violation of a law regarding the working hours, especially among the foreign company. It's one of the way to attract foreign investment.

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