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 Ask me Anything, 10 years in Recruitment (KL & SG)

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mhyug
post Mar 12 2022, 10:59 AM

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Hi all would like some opinion, info or even first hand experiences with my post below:

Recently my wife received a job offer (Senior Chemist) from a prominent company in malaysia, and after browsing through the offer letter, they are offering 8 days for 1st & 2nd year, 12 days for 3-4 year, and 16 for 6 years above service. But the figures is not what surprised me but what they added with the statement for AL "Such annual leave must be taken at times which is convenient to the company and subject to approval from your supervisor"

the bolded part looks like a red flag for me. I mean can't we even decide when we want to have the bloody leaves?then why provide an AL in the first place confused.gif

Another interesting part is their working hours and lunch hours. It seems they omitted it from the working hours hence work starts at 8.00-5.45(the 45 min being the lunch break) So far my experiences is you start at X and end at Y (9 hrs including lunch breaks) except for few select industries and roles.

Also if anyone have any input on maternity leave, is there a law or regulation saying paid maternity leave can be only given after x years with the company? I remember the gov announced that the 90 day maternity leave should be kicking in 2021 right? or its still yet to be gazetted in parliament?

My opinion:
Aside from the salary, i think the benefits is very pedantic and stone age, albeit no other benefits were informed during the IV or within the letter.

What do you guys think?
mhyug
post Mar 15 2022, 12:12 PM

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QUOTE(Jesse0916 @ Mar 12 2022, 04:18 PM)
This company follow the minimum requirement from employment act. no wrong from the eye of employment act, but this company could be too stingy. Normally, company in market provide 14 days of Annual Leave once joined new company.
Although this is company policy, but also depends/subject to your reporting manager. I think this is normal, because if you join other company and the reporting manager refuse to approve your leave application, you also cannot do anything. Therefore, pray to get a good leader/manager, sometime they will cover you.
No matter how the company wrote the working hours clause, if they didnot give the sufficient rest (at least 30 minutes) after 5 working hours, you can report to Labour office.
To answer your question, the 90 days of Maternity Allowance yet to be gazetted in parliament. This topics have been discussed since Year 2020 till now. Therefore, follow the book (60 days) now. To entitle for the maternity allowance,
(i) she has been employed by the employer at any time in the four months immediately before her confinement; and
(ii) she has been employed by the employer for a period of, or periods amounting in the aggregate to, not less than ninety days during the nine months immediately before her confinement.


Hope my reply helps you~

*
hi thanks it did help a lot.

just another question, how about the gazetted public holidays? i know not everyone can enjoy them but i believe there is mechanism for working on these holidays within the labour law that companies follow. I just cant recall the exact details of it. I know that 5 are mandatory, and 6 are optionals to make it total 11 days. So if were to work on those day for example CNY day 1, does the worker entitled for double pay/replacement holidays?

On the labour law itself, how about us professionals whom clearly not covered under the law goes by? Since companies will apply the minimum of it to us but when we have dispute the law doesn't apply/protect us?

This post has been edited by mhyug: Mar 15 2022, 12:36 PM
mhyug
post Mar 21 2022, 12:05 PM

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QUOTE(Jesse0916 @ Mar 16 2022, 08:50 AM)
Answer your 1st question

5 Compulsory Days/ Gazetted Public Holiday  and 6 Elective Days.
Usually, Company will issue a memo around end of the year to inform staff, which public holiday that they observe.

Yes, double pay or replacement holidays subject to company policy.
For example, some of the company executive level staffs are not entitle for OT, then they can claim for replacement leave.

Answer your 2nd question

Employment Art provided the minimum guideline/protection to staff who are within the scope.
if you are out of the scope, you still can walk in to IR office to file case if there are any dispute. For example, unfair dismissal cases.
Thanks.

*
thanks again. just out of curiosity, is it legal for a employer to terminate and employee just because they had an interview with another company? simply put just having a thought of moving to another job. can you punish someone to the point of terminating them? i think its against the law, and unethical.

And to throw in some clarity, there are no rules within this companies rule book stating that you cant go find another job, attend interview or even have thoughts of leaving.

for one i do know or you can say 100% sure that "employment-at-will doctrine" is not practiced or applicable in malaysia.

whats your opinion on this matter? hmm.gif

This post has been edited by mhyug: Mar 21 2022, 12:18 PM
mhyug
post Mar 22 2022, 02:37 PM

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QUOTE(Jesse0916 @ Mar 22 2022, 01:27 PM)
Illegal. Company has not right to terminate an employee just because of he/she went to interview session.

However, if your current company know that you have the intention of leaving, usually company will not put their resources (training/guidance etc.) on you anymore.

"employment-at-will doctrine" is not practiced for employer.
Because employer cannot terminate an employee without a valid reason, unless poor performance/misconduct of employees.

*
as i expected and read. on the bold part, its a given. not that we all receive soo much guidance or training either way. biggrin.gif

just another question tho, is it possible to work while a court case on unfair dismissal is going on?
mhyug
post Mar 29 2023, 01:52 PM

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Hi mimikw, i would like to know to whom do we report if an employer hasn't paid your salary after resigning? Jabatan Buruh? IRD? Any other forum members who have some info also welcomed to share their info as im at a loss now.

Also the dept we report to must be local to where the company is located or can be reported to any other district/state ones?

 

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