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C2: TERMS AND CONDITION OF EMPLOYMENT - Coggle Diagram
C2: TERMS AND CONDITION OF EMPLOYMENT
Employment ACT 1995(Revised 1981)(ACT265)
Person covered wages do not exceed RM1500 a month. Engage manual laborer, supervise employee, operation or maintenance of any vehicle transport and domestic servant.
Coverage of Employment act include working hours,salary,leaves and benefits.
Working Hours
Sect. 6oA of the employment act, should not be required to work: >5 consecutive hours without period leisure of not <30 min, >8 hours in a day and > 48 hours in a week.
Maybe require exceed the above limitation by the employer: accident happened, work that involve the defense of Malaysia and urgent work to be carried out to machinery or plant.
Over time
On ordinary working day: 1.5 times normal hour rates
On rest day: 2 time the normal hourly rate
On public holiday: 3 time the normal hourly rate
Employee can refuse to do over time unless has been agreed in contract
Shift Work
2 shift patterns which are double shift pattern and triple shift pattern.
Morning shit from 7 am to 3pm, afternoon shift from 3pm to 11pm and night shift 11pm to 7am
Reason to do shift are to meet demands of the product produced, there is urgent work to be done and there is actual or threatened accident in the place of work.
Flexitime
refers to variation in starting and quiting times from the work but per day they have to put in 8 hours of efforts or 48 hours per week.
Compressed work week
Advantages: work lofe balance, motivation to work and time for personal care.
Disadvantages: longer work day is physically and mentally challenging, employee moral could suffer due to the long hours and difficult to arrange dependent care.
Wage/salary
Must be paid at least once a month
Payment can be formed through any bank account in Malaysia or checked
Deduction from wages can be done in certain restricted circumstances. Must not exceed 50% of the employee wages
Employer has right to deduct wages on the purpose of recovery of wages overpaid, recovery of advances and payment to EPF and SOCSO
Employers are not required to pay wages when the employee being held in custody by authorities, in the prison or required to attend a court hearing or trial.
Leaves which mean absent from work or duty with permission from employer
Include rest day, public holiday, annual leaves and sick leaves.
Rest day at least one day per week which can be sunday or saturday or both depends on the employer
Public Holiday is minimum 11 days per year, Sabah ordinance labor 14 days and Sarawak ordinance labor 16 days. Such as Workers Day, Independence Day, Malaysia Day and Birthday of State Ruler.
Annual Leaves is depends of length of service. Such as 1 to 2 years can take 8 days of annual leaves
Sick Leaves must provided of MC. It also depends on the length of services. Such as 5 years and above can take 22 days of sick leaves
Benefits is something aid or promotes well being, an advantages to the employee include termination, layoff,resignation and others benefits
Termination Benefit is an employee's job end
Can be voluntary or involuntary. The employer needs to inform with termination letter first for the less than 2years need to be informed 4 weeks before the termination
Medical Benefits such as medical plan which is regular health check for free provided by the company.
Retrenchment Benefits is where employee is terminated because of the reason connected to the health or restructing the operations
The reasons are to reduce manpower, closed down any bussines or branches and bought over by other boss or company.
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Children and Young Persons Employment Act 1966( Revised 1988)(Act 350)
Child means not completed 14 years old ages and young person not completed 16 years old
Cannot be engaged in any period of 7 consecutive days or permitted more than 6 days work.
Workmen's Compensation Act 1952(Act273)
This act for payment of compensation to workmen for injury course of their employment.
The persons who are covered with this act are: under corporation who employs no less than 5 workers, non-manual in private sector income less than 500 per month and all manual workers irrespective of their salary
Who are not covered by this act are: domestic servant, an out-worker, a tributer and any police officer.
Condition do not need to pay compensation is influence of alcohol or drug and disabilty of if inflicted self injury
Amount of Compensation maximum is RM23000
Employee's Social Security Act(SOCSO)1969 (Act4)
To provide free medical treatment and financial assitance
ilat scheme and Employment Injury Scheme
Employment Injury Scheme the benefits are medical benefits, funeral benefits and education benefits.
Invalidity scheme is under the scheme such as Invalidity pension, Funeral Benefits and return to work programme
Punishment For Failure to Pay contributions
Employer responsible to deposit all deducted amount of money to the SOCSO
If failed to deposit, the employer will be fined Rm1000 or imprisonment of 2 years or both
EPF
Social Security institution formed according to the Laws of Malaysia
Members of EPF are divided to 2 which are compulsory and optional. The employees in private sector including fulltime workers and domestic servants foreign and Malaysian.
Payment liable to EPF are salary, bonus and allowance
Payment not liable to EPF are overtime payment and services charges
Foreign Workers In Plantation
Department Roles: to enforce the workmen compensation and to conduct assesment of compensation for foreign workers
E-Compensation (SPPA)
To facilitate the management of foreign workers compensation cases and to assist the manager officer to manage workers compensation cases