Need some opinion regarding labor law.

My wife works in a major supermarket in Penang and is earning less than RM1500 per month. Her probation period is 6 months and as of now, the 6 months probation is not up so she has not been confirmed.

Recently she was certified sick by the supermarket's panel clinic and was given an MC. The same day the panel clinic referred her to a hospital. The supermarket normally pays for employees to be admitted to GH but we told the panel clinic to refer to a private hospital.

She was hospitalized the next day. After discharge, her sick leave was until 3 days later. She went back for follow up check the day before she was due to report for work. The hospital doctor extended her sick leave for 4 more days.

The supermarket's policy is that any employee who has not yet been confirmed is not allowed sick leave and will be forced to take no pay leave. In the offer letter which my wife signed, it was stated that "all sick leave will be considered upon successfully completed the probation". There was no mention of which hospital she can be admitted to.

Is the company right in not honoring MC of employees who has not been confirmed?

As my wife was not admitted to a hospital ad not GH, will she be able to claim hospitalization leave?

This post has been edited by wjlung: Apr 20 2008, 07:30 PM

It is hard to say. If the offer letter really stated no MC during probabtion, then you can't sue the company. It is best to check with human resouce department to confirm that.

i think ur wife should hv double check wif the hr b4 simply go n admit to a private hospital which actually charged higher n not ur wife's company panel hospital.

hmm.. refer the employment letter back..

i believe annual leave and MC leave are for confirmed staff only..

in normal practice, it is an unpaid leave until u r confirmed..

so if u ask me based on my experience, u cannot claim both hospitalization leave and fees..

At my place of work, I bought dependent medical insurance for my family and she was admitted using that. So she won't be claiming from her employer.

Different companies have different policies regarding annual leave; some allow to take as soon as join company, some after confirmation and some after a year of service. But I'm not sure about MC. Section 60F of Employment Act states entitlment for sick leave in terms of "in the aggregate in each calendar year". By contrast, entitilement for annual leave is in terms of "12 months of continuous service".

I will seek clarification from Labor office. Thanks for all your help.

Some companies although mentioned that you can't take leave or MC during probabtion but the immediately boss do give exception. Do you think your wife boss is that kind of person ?

Hmm, under the employment law for ppl under rm1500 are entitled to sick leave though. Maybe gotta check with some pro lawyer whether this doesn't apply / applies to non-confirmed staff.

How about if the employement letter already stated in blck and white that you're not entitled for sick leave during probabtion and you have agreed by signing it ? I believe there is still an argument here.

I believe employment law > appointment letter. Keyword being believe, cos I really have no authority / real knowledge to say whether this is or isn't true

Yes, you are right. Employment law > appointment letter. The law is vey specific about this.

Secton 7 from Employment Act 1955

More favourable conditions of service under the Act to prevail
7. Subject to section 7A, any term or condition of a contract of service or of an agreement, whether such contract or agreement was entered into before or after the coming into force of this Act, which provides a term or condition of service which is less favourable to an employee than a term or condition of service prescribed by this Act or any regulations, order or other subsidiary legislation whatsoever made thereunder shall be void and of no effect to that extent and the more favourable provisions of this Act or any regulations, order or other subsidiary legislation whatsoever made thereunder shall be substituted therefor.

Validity of any term or condition of service which is more favourable
7A. Subject to any express prohibition under this Act or any regulations, order or other subsidiary legislation whatsoever made thereunder, nothing in section 7 shall be construed as preventing an employer and an employee from agreeing to any term or condition of service under which an employee is employed, or shall render invalid any term or condition of service stipulated in any collective agreement or in any award of the Industrial Court, which is more favourable to the employee than the provisions of this Act or any regulations, order, or other subsidiary legislation whatsoever made thereunder.

The appointment letter may say no MC during probation and if can be proven that this is against the Employment Act, doesn't matter if my wife already signed as that will be null and void.