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SICK LEAVE & OVERTIME MALAYSIA VS JAPAN (child-holding-books-cartoon…
SICK LEAVE & OVERTIME
MALAYSIA VS JAPAN
SICK LEAVE
Definition
sick leave (or paid sick days or sick pay) is time off from work that workers can use to stay home to address their health and safety needs without losing pay. Paid sick leave is a statutory requirement in many nations.
MALAYSIA
22 days
every year if the employee has been employed for
five years or more
.
14 days
every year if the employee has been employed for
less than two years
.
These leave
entitlements
apply for
illnesses without hospitalisation
Requires that the employee be
examined
by a
medical practitioner
to confirm the illness, this is done at the
expense of the employer
.
If the illness requires hospitalisation, a total number of
60 days
will be provided for each employee.
The employee will be paid their
full rate
for
every day of sick leave
, including the
hospitalisation days.
18 days
every year if the employee has been employed for
two years
or
more but less than five years
.
JAPAN
When employees get sick the employee
use the paid vacation
to take leave of absence.
Some
foreign companies
grant
sick leave
to their employees as a
special benefit
.
There is
no sick leave rights
in Japan.
REFERENCES
Employment Act 1955. As at 30 April 2020. (Section 60 F Sub-section 1-4, and Section 60 A sub-section 3 A-C)
ShieldGeo. 28 October 2018. PTO and Sick Leave Entitlements in Malaysia: A Guide for Overseas Employers. Retrieved from;
https://shieldgeo.com/pto-sick-leave-entitlements-malaysia-guide-overseas-employers/
on 27 February 2020.
Wikipedia, 15 February 2020. Japanese work environment. Retrieved from;
https://en.wikipedia.org/wiki/Japanese_work_environment
on 27 February 2020 on 27 February 2020.
Aki Tanaka, Trent M. Sutton. 12 February, 2019. Significant Changes to Japan's Labor Laws Will Take Effect in April 2019. Lexology. Retrieved from;
https://www.lexology.com/library/detail.aspx?g=c2151da8-a094-4494-97ad-25d5bf8476ab
on 27 February 2020.
OVERTIME
Definition
of overtime work means the number of working hours carried out in excess of the normal working hours per day.
MALAYSIA
If the employee’s salary
does not exceed RM 2000
a month, it will be referred to the Employment Act 1955.
If the employee’s salary
exceed RM 2000 a month
, the hours of overtime will be referred to
term agreed under the employment contract.
•In Malaysia, overtime work has a
limitation
. It should be
104 hours in any 1 month
.• This means it is an average
4 hours
in
1 working days
For any overtime work carried out in excess of the normal hours of work, the employee shall be
paid at a rate not less than one and half times his hourly rate
of pay irrespective of the basis on which his rate of pay is fixed
JAPAN
The law limits overtime work to
45 hours a month
and
360 hours a year
in principle
The monthly cap can be extended in
busy periods
,
for up to six months a year
.
Even in such cases, the ultimate overtime cap of
100 hours a month
and
720 hours a year
is set.
Companies that violate the rules will be
punished
, possibly with a fine of
¥300,000 ($2,700)
If Japanese companies wish to extend their employee's working hours, they must first conclude
special treaties to get acceptance
from the
government.
A rate of
50% overtime pay
applies for people working over
60 hours a week
. An overtime pay is
required by law
According to the Japanese Labour Law, only
8 hours a day
, or
40 hours a week
, is allowed.
