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

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kasha
post Feb 10 2011, 06:35 PM

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QUOTE(faceless @ Feb 10 2011, 08:39 AM)
While the employment act applies to those earning below 1.5k, companies use this to fomulate their regular operation hours.
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yes,i know that. but the problem here is,while most company usually based their contract from this Act, some are not.
i've read numerous threads with regard to this Act,but nobody can really answer what happen those who earn more than 1.5K.

what i understand, those who earn more,is not covered under the Employment Act.
So many asks, like TS, what can be done if the company is "abusing" them in term of wages,working hours,annual leave etc.
all are asking about the Employment Act, but will the Act do justice to those who earns more than 1.5K? that's what i really want to know.
coz once, I've earned below 1.5K before,and felt secure with it.
but now i earn more.I also dont really know what if my company starts turning ugly.

eg.: if it is stated in the Act work not more than 48hours-- so what if the company asks to work OT with no extra payment?
where to complain? coz most of the time, the company itself didnt state that in their contract.
WaCKy-Angel
post Feb 11 2011, 08:50 AM

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QUOTE(cybermaster98 @ Feb 10 2011, 04:15 PM)
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.
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Good luck living in your own world
TScybermaster98
post Feb 11 2011, 09:16 AM

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QUOTE(WaCKy-Angel @ Feb 11 2011, 08:50 AM)
Good luck living in your own world
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Trust me, i have achieved things which ppl like you can only dream of achieving. U know why? Cuz i dared to go against the norm and refused to accept being shortchanged. It has worked before and it will work again. Sadly its ppl like you who has turned this country into what it is today. So good luck living in your world as that world is slowly but surely coming to an end.

Sorry to sound harsh but it really pisses me off to hear of ppl who refuse to stand up for their own rights and make a change for the better.
WaCKy-Angel
post Feb 11 2011, 09:19 AM

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QUOTE(cybermaster98 @ Feb 11 2011, 09:16 AM)
Trust me, i have achieved things which ppl like you can only dream of achieving. U know why? Cuz i dared to go against the norm and refused to accept being shortchanged. It has worked before and it will work again. Sadly its ppl like you who has turned this country into what it is today. So good luck living in your world as that world is slowly but surely coming to an end.

Sorry to sound harsh but it really pisses me off to hear of ppl who refuse to stand up for their own rights and make a change for the better.
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LOL keyboard warrior you win thumbup.gif thumbup.gif thumbup.gif


Added on February 11, 2011, 9:23 amOh btw, i checked your posting time and its all between 8am-6pm.

So you are using your working hours to surfing ey??
And u dare to complain about unfair working hours?

This post has been edited by WaCKy-Angel: Feb 11 2011, 09:23 AM
furryfluffy
post Feb 11 2011, 09:27 AM

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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?
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Yes it does contradict the Employment Act 1955. Unless there is some sort of compensation or benefit to the employees which are mutually agreed, employees can bring this matter to the authority.

Bear in mind that the law does not allow unfair enrichment (basically) and this is generally benefiting the company only.


bmbk
post Feb 11 2011, 01:48 PM

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is the 48 hours including lunch hour ? 1 hour ?
TScybermaster98
post Feb 11 2011, 01:52 PM

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QUOTE(bmbk @ Feb 11 2011, 01:48 PM)
is the 48 hours including lunch hour ? 1 hour ?
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No its not inclusive.
jolin_t
post Feb 11 2011, 02:12 PM

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Well, I was rejected for a job that requires long working hours but no OT claims is given. I did fight for my rights to the HR and told her it's me who do not require such a job. Malaysia employers are seriously abusing us and if we dont fight for our rights, we will get abuse even more in future. Thats y lots of ppl job-hopping.
gunblade99
post Feb 11 2011, 03:05 PM

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QUOTE(jolin_t @ Feb 11 2011, 02:12 PM)
Well, I was rejected for a job that requires long working hours but no OT claims is given. I did fight for my rights to the HR and told her it's me who do not require such a job. Malaysia employers are seriously abusing us and if we dont fight for our rights, we will get abuse even more in future. Thats y lots of ppl job-hopping.
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Agreed! thumbup.gif Most people are hopping from 1 job to another because the hours are crazy, especially in advertising firm. No OT rules, just work from 10am to 11pm on weekdays & 10am to 5pm on most weekend, sometimes, 2 days straight in the office.
Joey Christensen
post Feb 11 2011, 03:25 PM

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QUOTE(bmbk @ Feb 11 2011, 01:48 PM)
is the 48 hours including lunch hour ? 1 hour ?
It is exclusive of meal breaks.

Regards, Joey
flabbeltje
post Feb 11 2011, 05:53 PM

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QUOTE(jolin_t @ Feb 11 2011, 02:12 PM)
Well, I was rejected for a job that requires long working hours but no OT claims is given. I did fight for my rights to the HR and told her it's me who do not require such a job. Malaysia employers are seriously abusing us and if we dont fight for our rights, we will get abuse even more in future. Thats y lots of ppl job-hopping.
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Agreed. It's time Malaysians stand up for themselves. People who complain but do nothing annoy the shite out of me.
yoongdynasty
post Apr 13 2011, 12:34 AM

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You may work more than 48 hours a week under these circumstances only:


(a) accident, actual or threatened, in or with respect to his place of work;
(b) work, the performance of which is essential to the life of the community;
© work essential for the defence or security of Malaysia;
(d) urgent work to be done to machinery or plant;
(e) an interruption of work which it was impossible to foresee; or
(f) work to be performed by employees in any industrial undertaking essential to the economy of Malaysia or any essential service as defined in the Industrial Relations Act 1967

zultekmilennia
post Apr 13 2011, 07:36 AM

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QUOTE(cybermaster98 @ Feb 11 2011, 09:16 AM)
Trust me, i have achieved things which ppl like you can only dream of achieving. U know why? Cuz i dared to go against the norm and refused to accept being shortchanged. It has worked before and it will work again. Sadly its ppl like you who has turned this country into what it is today. So good luck living in your world as that world is slowly but surely coming to an end.

Sorry to sound harsh but it really pisses me off to hear of ppl who refuse to stand up for their own rights and make a change for the better.
*
I hate to do this but I agree with WaCKy-Angel. In Malaysia right now the education is just not enough in terms of laws and such. The people barely know their rights. That's why company can say "you don't want to work overtime, well, we'll get someone who can, thanks for applying" and one idiot will gladly comply.

I work in the construction industry and it is harsh. With how things are right now you just take what you can get. The mid-level guys here don't even have OT claims, but they still work regularly from 8am-10pm, sometimes even till 12am. If they don't, things don't get done and that'll be bad for their performance review.

It won't work if we're all not together in it. Don't we have a worker's union or something? Never heard of the like here in Malaysia....
yoongdynasty
post Apr 14 2011, 01:26 PM

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Unfortunately the employment act is only applicable to those with salary less than RM1500.

If your salary is anything more than RM1500 but less than RM5000, you can still complain to the labor department if your employer has violated the employment agreement between you and him.

If you have salary more than RM5000.00, any disputes you have, the labour department can't help you. Can only bring to court (disputes in employment agreement).

Hope this helps!


asc2
post Apr 14 2011, 05:14 PM

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I have to agree with WaCKy-Angel that there are certain realities that you have to accept, otherwise you'll be at the bottom of the pack
However, i also think that do not accept things as is
I'd propose think of ways to achieve your goals without jeopardizing your own career
Will making a stand against your employer or complaining to gov depart really help you achieve your goals ?

This post has been edited by asc2: Apr 14 2011, 05:17 PM
TScybermaster98
post Apr 14 2011, 05:22 PM

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QUOTE(WaCKy-Angel @ Feb 11 2011, 09:19 AM)
LOL keyboard warrior you win  thumbup.gif  thumbup.gif  thumbup.gif


Added on February 11, 2011, 9:23 amOh btw, i checked your posting time and its all between 8am-6pm.

So you are using your working hours to surfing ey??
And u dare to complain about unfair working hours?
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If you have worked long enuf in a professional multinational environment, u would know that the hours put in is not as important as the result at the end of the day. Its a typical Asian mentality to calculate hours worked as justification for effort and result. Long working hours has a detrimental impact on the overall well-being of the employee.

You should never be a slave to your job and neither should work become anything more than earning a salary at the end of the day.

This post has been edited by cybermaster98: Apr 14 2011, 05:29 PM
TScybermaster98
post Apr 14 2011, 05:28 PM

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QUOTE(asc2 @ Apr 14 2011, 05:14 PM)
I have to agree with WaCKy-Angel that there are certain realities that you have to accept, otherwise you'll be at the bottom of the pack
However, i also think that do not accept things as is
I'd propose think of ways to achieve your goals without jeopardizing your own career
Will making a stand against your employer or complaining to gov depart really help you achieve your goals ?
*
I dont agree with Wacky-Angel and im far above the bottom of the pack. So i do not think that standing up for your employee rights will result in you being at the bottom of the pack. If it does, then i guess the problem lies with the individual rather than the system.

And just an update to all of you, i did raise this issue and after about a month, the working hours have been scaled back to 8-5.30pm. Plus all employees now get 2 compulsory Saturdays off a month.

Nothing is impossible if you put your heart and mind to it. Accepting lopsided and unfair 'realities' are the reason why Malaysia has such poor labor laws. So as along as we continue to maintain that mentality, you will continue to be trampled on by your employer.
asc2
post Apr 14 2011, 05:29 PM

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Interesting because if YOU have worked long enough, you'd know that if you're in an environment that 'expects' you to work long hours then you either adapt or start packing

At the end of the day, it does not matter what is right or what is wrong, just the impact from your actions
the7signals
post Apr 14 2011, 08:43 PM

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QUOTE(zultekmilennia @ Apr 13 2011, 08:36 AM)
I hate to do this but I agree with WaCKy-Angel. In Malaysia right now the education is just not enough in terms of laws and such. The people barely know their rights. That's why company can say "you don't want to work overtime, well, we'll get someone who can, thanks for applying" and one idiot will gladly comply.

I work in the construction industry and it is harsh. With how things are right now you just take what you can get. The mid-level guys here don't even have OT claims, but they still work regularly from 8am-10pm, sometimes even till 12am. If they don't, things don't get done and that'll be bad for their performance review.

It won't work if we're all not together in it. Don't we have a worker's union or something? Never heard of the like here in Malaysia....
*
The employees in Malaysia are being squeezed to the very max...this is one of the main contributing factors to high depressions and suicidal case in Malaysia. In Malaysia, we have lose laws to protect employees. The so called Union we have presently is not strong and they are pro to the government instead of the working ppl. Even MNCs that set up operation in Malaysia also take advantage of the lose labour laws....squeezed the employees to the very max. Middle management staffs are the one who suffer the most...they not only have high workload, they have high responsibilities too....everyday have to face high level of pressure and stress. They are really bad to one's health and mental.
yoongdynasty
post Apr 14 2011, 09:43 PM

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QUOTE(the7signals @ Apr 14 2011, 08:43 PM)
The employees in Malaysia are being squeezed to the very max...this is one of the main contributing factors to high depressions and suicidal case in Malaysia. In Malaysia, we have lose laws to protect employees. The so called Union we have presently is not strong and they are pro to the government instead of the working ppl. Even MNCs that set up operation in Malaysia also take advantage of the lose labour laws....squeezed the employees to the very max. Middle management staffs are the one who suffer the most...they not only have high workload, they have high responsibilities too....everyday have to face high level of pressure and stress. They are really bad to one's health and mental.
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Yea....why only protect those under RM1500.00? Why don't increase the cap based on inflation? RM1500.00 for 30 years back is still okay.....

Just like speed limits in certain rural roads which are still at 60km/h. This speed limit is for 1960s carss (sorry because i just got a ticket for driving 70+ km/h and the feeling is not good).

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