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 Kena paksa ambik cuti CNY

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DogeGamingPRO
post Jan 13 2025, 10:57 AM

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QUOTE(ZeroSOFInfinity @ Jan 13 2025, 10:50 AM)
If you are forced to take the leave, BUT still being paid for it.... what's the issue?

Unless forced WITHOUT pay, baru can complain to JTK.
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u must be successful bossman biggrin.gif
keyser soze
post Jan 13 2025, 10:59 AM

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help you to clear leave.
ZeroSOFInfinity
post Jan 13 2025, 10:59 AM

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QUOTE(DarkAeon @ Jan 13 2025, 10:45 AM)
https://asklegal.my/p/force-workers-annual-...panies-malaysia

It might feel like a dream come true if your boss asks you to take a day off or two from work. However, forcing an employee to take a day off may not be legal in Malaysia. We managed to clarify this with the Malaysian Human Resource Ministry, and here’s what they had to say:

“...An employer cannot force his employee to take annual leave on the...employer’s own accord.” – email translated by AskLegal.my

So, you’re entitled to your annual leaves. This is completely different from unpaid leaves where you don’t get paid for it. Perhaps this case would help illustrate the statement above better:

In Kesatuan Pekerja-pekerja Continental Tyre PJ Malaysia Sdn Bhd v Continental Tyre PJ Malaysia (2015), Continental forced their workers to take annual leave during a plant shut down. However, Continental did not pay the workers their wages to go on leave. Basically, they were forced to take unpaid leave (which is illegal).

The court decided that Continental had the right to shut down the plant, but did not have the right to force their workers to take annual leave during those days. Therefore, the company was ordered to either:

Pay the workers for the days they had not been paid; or,
Grant them 2 days of annual leave from the date of the court decision.
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Keyword is here. If you forced to take annual leave BUT you're not paid for the leave, then it's ILLEGAL.

My company staff was discussing about company closing on 3rd day of CNY (31st Jan). They submit proposal to HR, who brought up to the Management. They agreed, but deduct annual leave. Nearly all but one OK with it (since utilize bring forward leaves). The one not OK wanted to work on that day, and was allowed (as she was a branch staff anyway).
skloda
post Jan 13 2025, 11:00 AM

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boycott jer , see who GG first , company or you . owai
V3000
post Jan 13 2025, 11:01 AM

CLICK REPORT LAH!
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Resign je.
g5sim
post Jan 13 2025, 11:03 AM

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QUOTE(mushigen @ Jan 13 2025, 10:09 AM)
I think this is legit question. Macam mapren kena forced to take certain number of leave per month - if no more annual leave kena take unpaid leave.
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Klang tutup so Dia datang kerja buat apa? Dua nak goyang bolah Kat office? Very labour court will side employer on this.
stanck
post Jan 13 2025, 11:04 AM

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You got your answer.
Now the question is whether you got guts to tell ur HR about it.

Good luck. May the force be with you.
g5sim
post Jan 13 2025, 11:05 AM

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Pi bodohlaah, bodoh bodoh bodoh bangang! Takde leave to pakai in advance. Potong from future accrued AL. Ini pun nak ajar ke??? Apakah jadah paksa amik unpaid leave!!
DarkAeon
post Jan 13 2025, 11:06 AM

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QUOTE(stanck @ Jan 13 2025, 11:04 AM)
You got your answer.
Now the question is whether you got guts to tell ur HR about it.

Good luck. May the force be with you.
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no need to tell them, just report to labour office. let the HR pay for their ignorance of the law
Blackscreamerz
post Jan 13 2025, 11:06 AM

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QUOTE(ZeroSOFInfinity @ Jan 13 2025, 10:59 AM)
Keyword is here. If you forced to take annual leave BUT you're not paid for the leave, then it's ILLEGAL.

My company staff was discussing about company closing on 3rd day of CNY (31st Jan). They submit proposal to HR, who brought up to the Management. They agreed, but deduct annual leave. Nearly all but one OK with it (since utilize bring forward leaves). The one not OK wanted to work on that day, and was allowed (as she was a branch staff anyway).
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Actually paid or unpaid also cannot de...

but usually if it is paid leave, at least employees will just halalkan je. tolak ansur sikit.
poweredbydiscuz
post Jan 13 2025, 11:08 AM

 
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Sikit sikit mau bring up labour law. Labour law says 8 days AL cukup you want or not?

This post has been edited by poweredbydiscuz: Jan 13 2025, 11:08 AM
andrekua2
post Jan 13 2025, 11:08 AM

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QUOTE(Mr Mercedes @ Jan 13 2025, 10:02 AM)
Wah... got employee not entitled to annual leave... ini sure kena serbu by JTK
mushigen
post Jan 13 2025, 11:10 AM

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QUOTE(ZeroSOFInfinity @ Jan 13 2025, 10:59 AM)
Keyword is here. If you forced to take annual leave BUT you're not paid for the leave, then it's ILLEGAL.

My company staff was discussing about company closing on 3rd day of CNY (31st Jan). They submit proposal to HR, who brought up to the Management. They agreed, but deduct annual leave. Nearly all but one OK with it (since utilize bring forward leaves). The one not OK wanted to work on that day, and was allowed (as she was a branch staff anyway).
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Ayam confused. Is forcing staff to take annual leave considered as paying or not paying them?
Blackscreamerz
post Jan 13 2025, 11:10 AM

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QUOTE(g5sim @ Jan 13 2025, 11:03 AM)
Klang tutup so Dia datang kerja buat apa? Dua nak goyang bolah Kat office?  Very labour court will side employer on this.
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eh...no, if the kilang tutup, the employer still need to pay salary.

if the employee reports duty nbut goyang kaki due to lack of supervision or works, gaji tetap bayar.
DarkAeon
post Jan 13 2025, 11:11 AM

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QUOTE(poweredbydiscuz @ Jan 13 2025, 11:08 AM)
Sikit sikit mau bring up labour law. Labour law says 8 days AL cukup you want or not?
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itukan soalan tered ni. legal ke tak perbuatan employer tu

if not bring up labour law then bring up mak ko ijau ke dik?
g5sim
post Jan 13 2025, 11:11 AM

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If I the boss I would say fuck you all. Since nak sangat everybody kerja 31 Jan. Going forward no extra leave. You want you use your peace. No annual dinner no buffet if mood baik kasih angpao RM10 seorang tu je, if raya Thursday wedenday of Diwali Thursday n Xmas Thursday fk you all again no leave limited approval as per operations need
MR_alien
post Jan 13 2025, 11:12 AM

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QUOTE(poweredbydiscuz @ Jan 13 2025, 11:08 AM)
Sikit sikit mau bring up labour law. Labour law says 8 days AL cukup you want or not?
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lemme tell you, more and more companies out there try to abuse this and literally put 8 days
this company is prolly too
put 8 days AL thn force employee to go on leave by deducting AL laugh.gif

this sort of company also prolly don't pay for OT
lj0000
post Jan 13 2025, 11:12 AM

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As a Chinese I don't agree also.
Give free leave then is fine
DarkAeon
post Jan 13 2025, 11:13 AM

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QUOTE(g5sim @ Jan 13 2025, 11:11 AM)
If I  the boss I would say fuck you all. Since nak sangat everybody kerja 31 Jan. Going forward no extra leave. You want you use your peace. No annual dinner no buffet if mood baik kasih angpao RM10 seorang tu je, if raya  Thursday wedenday of Diwali Thursday n Xmas Thursday fk you all again no leave limited approval as per operations need
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u certainly can

but don't expect many ppl lining up to work for u. in fact many employers did that only to back down later to find ppl resigning and hard to fine replacement.

good luck
cloud666
post Jan 13 2025, 11:13 AM

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kalau company tak bagi pun sendiri cuti jugak
mc, nenek sakit, kucing meningal, gf masuk hospital

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