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 Legal advice on unpaid overtime

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TSAvatarless
post Feb 26 2017, 06:36 PM, updated 8y ago

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Hi all,
I would love to request information on legal authority which can help me on my case. I have been working with this company for 3 months and I almost have overtime work everyday usually until midnight or the next morning. However we are not paid extra for our overtime. What actions can be taken since we are just small employees? Even my senior working for 3 years is treated like this as well, her wages is not even close to RM3K per month!
Alpina
post Feb 26 2017, 06:41 PM

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May i know ur company is Ent or Sdn. Bhd.??

Simply go to Pejabat Buruh and make a report there. They will ask u everything. Do you documented all the OT? Did company notice or acknowledge that you make the OT. Do you have the punch card record? This will make your report easy.


And please be prepare another job. Incase something goes wrong.
kentchow75
post Feb 26 2017, 06:58 PM

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Probably have to check back your employee agreement on overtime issues, if not well stated, should ask directly to hr regarding how wages are calculated on overtime.

Get ready for better company, I don't see company that needs employee to work overnight do you any good
nexona88
post Feb 26 2017, 08:37 PM

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Useless company..
Senior working 3years not even 3k salary per month is really joke...
Some fresh grad can get 3k...
hirano
post Feb 26 2017, 09:31 PM

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QUOTE(Avatarless @ Feb 26 2017, 06:36 PM)
Hi all,
I would love to request information on legal authority which can help me on my case. I have been working with this company for 3 months and I almost have overtime work everyday usually until midnight or the next morning. However we are not paid extra for our overtime. What actions can be taken since we are just small employees? Even my senior working for 3 years is treated like this as well, her wages is not even close to RM3K per month!
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Check your employment contract. Not all companies pay for overtime, nothing illegal about this, especially if you're on exec level. OT payment (or no payment) is on company's discretion based on your contract
zero5177
post Feb 26 2017, 09:38 PM

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QUOTE(hirano @ Feb 26 2017, 09:31 PM)
Check your employment contract. Not all companies pay for overtime, nothing illegal about this, especially if you're on exec level. OT payment (or no payment) is on company's discretion based on your contract
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How about if a company requires its employees to work overtime more than 48 hours per week as stated in labor law?
I think many audit firm pratice this...
hirano
post Feb 26 2017, 10:03 PM

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QUOTE(zero5177 @ Feb 26 2017, 09:38 PM)
How about if a company requires its employees to work overtime more than 48 hours per week as stated in labor law?
I think many audit firm pratice this...
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Employees earning more than rm2,000 a month is not protected under Employment Act 1955.
Slyp
post Feb 26 2017, 10:07 PM

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QUOTE(Avatarless @ Feb 26 2017, 06:36 PM)
Hi all,
I would love to request information on legal authority which can help me on my case. I have been working with this company for 3 months and I almost have overtime work everyday usually until midnight or the next morning. However we are not paid extra for our overtime. What actions can be taken since we are just small employees? Even my senior working for 3 years is treated like this as well, her wages is not even close to RM3K per month!
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Are you in auditing line?
zero5177
post Feb 26 2017, 10:08 PM

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QUOTE(hirano @ Feb 26 2017, 10:03 PM)
Employees earning more than rm2,000 a month is not protected under Employment Act 1955.
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I see... so that explains the excessive overtime in Auditing firm
ipohmali70
post Feb 26 2017, 10:49 PM

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QUOTE(Avatarless @ Feb 26 2017, 06:36 PM)
Hi all,
I would love to request information on legal authority which can help me on my case. I have been working with this company for 3 months and I almost have overtime work everyday usually until midnight or the next morning. However we are not paid extra for our overtime. What actions can be taken since we are just small employees? Even my senior working for 3 years is treated like this as well, her wages is not even close to RM3K per month!
*
OT is ok as long as reasonable. Most executives and managers are not paid overtime, which is reserved only for clerks and technicians.

By any standards this is really excessive if what you described is true.

EVERYDAY until midnight or morning?

This is just too much!

Best is just to resign and look for another job.


xSean
post Feb 27 2017, 12:21 AM

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if u think not fair, then just resign. why make yourself so difficult?

if action taken and u got your OT paid, do u think u still can stay and continue working there?

next time, make sure u tell your future employer during interview that u cannot work OT or if work OT, must pay extra for OT whether u can get the job or not.
middleclass
post Mar 3 2017, 06:20 PM

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QUOTE(Avatarless @ Feb 26 2017, 06:36 PM)
Hi all,
I would love to request information on legal authority which can help me on my case. I have been working with this company for 3 months and I almost have overtime work everyday usually until midnight or the next morning. However we are not paid extra for our overtime. What actions can be taken since we are just small employees? Even my senior working for 3 years is treated like this as well, her wages is not even close to RM3K per month!
*
before answer your question, can you provide the following

1. are you monthly salary no more than RM 2000?

2. is there any Overtime Policy set by your company?(for example, overtime requisition form must been approved by superior prior to OT done)

3. Are you ready for outcome of your actions? have you got a job offer ready for you at this moment?


 

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