Can somebody tell me which website to refer with regards to the maximum working hours per week for the corporate private sector?

From what I know, you cannot work more than 6 days in a roll without any rest day in between.

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'

48 hours per week. that's why a lot small company have 6 full working days.

but only applicable for those earning 1.5K and below,right?

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.

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?

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.

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.

is ur salary less than 1.5K?



coz what i understand, for those earning more than 1.5K, must follow the company's contract

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....

This post has been edited by xDingx: Feb 9 2011, 06:21 PM

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?

While the employment act applies to those earning below 1.5k, companies use this to fomulate their regular operation hours.

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

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

Yes im well aware of the life of housemen's.

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.

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.

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.

Good luck living in your own world

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.

LOL keyboard warrior you win

---

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

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.

is the 48 hours including lunch hour ? 1 hour ?

No its not inclusive.

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.

Agreed! 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.

It is exclusive of meal breaks.

Regards, Joey

Agreed. It's time Malaysians stand up for themselves. People who complain but do nothing annoy the shite out of me.

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

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....

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!

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

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

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.

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

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.

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).

Expectations of longer working hours has to go hand in hand with renumeration while always upholding the basic principles of employee welfare. No matter how much you pay, it can never compensate for the overall wellbeing of the employee. Health issues and mental distress from working overly long hours can never have a price on it.

Hvae you been to the Charles D-Gaulle airport in Paris? Sharp 5-5.30pm 95% of all outlets will shut down despite it being an international airport and main gateway for France. Ever lived in Brisbane? After 6pm the city becomes like a ghost town with only a few marts or pubs open.

Why do they do it? Because they realise that quality of life and time spent with family are far more valuable than the money you bring in at the end of the month. If only 1 or 2 of them thought this way, would the change have affected the entire city/country? Surely not. The change came about when a MAJORITY of them started lobbying for it and thats what we need to do.

We made history in the 2008 general elections. Why? because we went against the 'norm'. So right and wrong DOES matter. Stop accepting something wrong because it was the norm.

Work with that same mentality and hopefully in years to come our children can possibly have a better quality of life than what we are having now.

This post has been edited by cybermaster98: Apr 15 2011, 08:22 AM

.

This post has been edited by cybermaster98: Apr 15 2011, 08:21 AM

Guys, know your own rights, that's what cybermaster98 trying to say.

If you are willing to work more than 48 hours and neglect your own health and time in exchange for money less than MYR1500, feel free to do so.

I care about life and my family more.

Exactly my point!

Agreed old boy.

good quality of life means more smiles at work!

Anyone know what is the maximum working days for a month?

Lets say March 2012, we had 31 days, so basically company can take our basic pay divide 31 to calculate how much they need to pay if resign on 15th March?

RM1500 / 31 = RM48.38 / day

RM48.38 x 15 = RM725.70 (Last payment)

This post has been edited by Moogle Stiltzkin: Jul 15 2017, 08:43 AM

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.

Replying to the above statement , I fully agree. I have seen in the foreign cooperation , our local boys stoop down to polish their boss . The foreign boss would not have that kind mentality in their homeland.

Our local boys can multitask , bring back work to their home, out beat each other or back stab in the name of efficiency , pretend to impress the boss , re term the old practices in the new jargon learnt from the textbooks hoping it is their original idea , speaking and maintaining high profile at meetings, repeating and repeating what has been said .

guys regarding the little debate between wacky and cyber, i can see the difference in mentality. one has set a standard higher and will achieve more in life where another has chose to follow the herd and fight for survival(slavery in malaysia) in a small firm LOL.

Why malaysians sacrifice health,body,beauty for a mere salary is because they have no choice, and choice is an option. its not easy but there is always a choice. set a standard for urself and never give in to slavery, such as OTing without pay, signing up for a job just to do the job of 3 ppl etc etc. bah piss me off to see my colleagues slaving for my boss. without pay, become hard labour(no pay) when we are professionals. everyday work till 8pm. Jokers dont know their rights and their value.

and sorry for bumping a month old topic

Hi all,

I am looking for some legal advices regarding Malaysian Labor Law regarding overtime and working during the weekends! Please help if you have any additional information. Thanks!

So as for the 8 hours per day is it including break?

if you really have 'achieved' that many things as you claimed, why are you then, bounded by the so call working hours ? As you said, it's the result that matters, not your working hours.

Wow....this is what happened to me currently. Company issued a memo implementing similar hours like above. And I am also wondering if this is a violation of Malaysian labor laws. I know for sure this is a breach of my contract hours. Don't get me wrong, I work late too to get things done but to have us simply sit there for 6 days 10 hours/day thinking that equals productivity is really stupid....

Sadly, when I talked to some of my colleagues, they like accepted it. Feel like want to fight it but don't really know what to do besides jumping ship. I could complain to HR but it feels like it's not going to help. Being an employee in this country really suck....

Hi. I am new to this forum. Some heated exchanges but all are very good points. I have worked for companies of various sizes from 30 people to 50,000 (my current company and I am a Sr. Director). Regardless of the company policies, I have always worked at least 60-100 hours a week and frequently voluntarily given up my paid vacation. This is not to brag about my hard work but want to share why I am able to do that for the past 25 years. Two main reasons: (1) I completely enjoys my work so going to work is like playing with my hobby. (2) My accomplishments were rewarded; ie. promotions, higher salary, stock options, bonus, etc.

There is no free lunch. You have to be willing to put in to get something out of it and to make your skill set attractive to many employers. When you work hard or long hours, you have more chances of gaining more knowledge and experiences than those who works shorter hours and not dedicated. This is just logic.

I believe that there is NO bad career. A garbage collector or a supermarket sales person is as valuable and has the same growth opportunity as a senior executive. The key is your mentality. For example, if I am a garbage collector, I would pay attentions to anything that will help my employer in reducing operation costs or keeping the customers happy; eg. avoid traffic hours to save gasoline and also allow me to get my job done faster (so I can work shorter hours or do more within the work hours). The main point is to do something you really like and don't worry about the job title. Dedicate yourself to your job and gain as much experiences as you can each day; like deposit cash into your brain. This will make you a strong and valuable employee. Then, you have more ammunition to make demand, and easily jump to another company if your demand is rejected.

I live across from Apple Computer HQ and I can see people still working at 12 mid-night! I have many friends working for Google and Facebook. They love their jobs even when the companies were small and they made 50% - 75% of what other established companies would pay. Now, they are all multi-millionaires and they are only in their thirties. This is the main reasons why startups in US especially Silicon Valley are so successful.

Hope this helps.

is this thread still on i also got a question to ask, my salary is more than RM1500 but my company require me to work from 8.45 am to 3PM and 5.30 PM to the next day 8.44 AM for a week. but they do give me extra RM100 allowance for this job, can a company do that?

Depends on what your contract stipulates regarding your working hours.

my contract stated 8.45 to 5.30 PM and they forced us to work extra hours.

Just so I understand:

Normal contract working hours: 8.45am to 5.30pm
Current working hours: 8.45am to 3.00pm, break 2.5hrs and then continue from 5.30pm to 8.45am?

Is this correct? Something doesn't sound right.

yes correct meaning we need to work like 24 hour non stop.

That's ridiculous. Clearly against labor law.

he is probably a troll... join oct 2016, single post on 16 oct 2016, and last active 16 oct 2016

per day 12 hours max (include OT 4 hours).

for OT, max is 104 hours for a month (26 days-Sunday OFF)

Just got an interview appointment with HR and she asked me if im willing to worked from 10.30am to 8pm. 6 days and have to work on Sat and Sun.
doing retail sales for a bicycle sport shop.

After calculating the hours, it's more than 8 hours. That means i have to worked like 1hour 30 mins extra for them excluding lunch hours. It's like im going to spent the rest of my day with this company and have no other lives beside being in that shop for 6 days in a row.

What would you do in this case scenario, charged as high as you can right?