QUOTE(Mr Mercedes @ Jan 13 2025, 10:02 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.
Kena paksa ambik cuti CNY
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Jan 13 2025, 10:50 AM
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#1
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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 Keyword is here. If you forced to take annual leave BUT you're not paid for the leave, then it's ILLEGAL.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. 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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Jan 13 2025, 11:15 AM
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QUOTE(Blackscreamerz @ Jan 13 2025, 11:06 AM) Actually paid or unpaid also cannot de... My company staff quite bertolak ansur one. It's not like every year forced to take annual leave due to the CNY / Raya long week. Only for exceptional cases like CNY this year - what's the point of staffs come on Friday do work after off 2 days (when there's literally no business or customers coming), then again off 2 days? Might as well take the Friday off, have a good week of break, then back on Monday refreshed and happy.but usually if it is paid leave, at least employees will just halalkan je. tolak ansur sikit. |
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Jan 13 2025, 11:16 AM
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QUOTE(mushigen @ Jan 13 2025, 11:10 AM) If you take annual leave (forced or voluntary), as long as you get paid for that leave day, this is acceptable. The issue comes when Company decides to be a cheapskate and don't. |
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Jan 13 2025, 02:00 PM
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QUOTE(mushigen @ Jan 13 2025, 01:36 PM) Issue is when you don't have enough AL to tolak, yet company forces you to take unpaid leave. Like in this case (first post) - those without AL kena potong gaji when they are the ones being asked not to go to work. Then they are stupid to put that in. Should state "can advance your leave deduction" or also "HR will consult you on the matter". Not pergi letak B&W terang-terang on this. Surely kena tembak. |
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