Is overtime compulsory in Malaysia?

The maximum number of overtime hours that an employee can be required to work is 104 hours per month. Any work carried out on a rest day, or any of the gazetted public holidays, or any paid holiday substituted therefore, shall not be construed as overtime work.

Is it illegal to not pay overtime Malaysia?

Failure to Pay Overtime Wages

In relation to full-time EA Employees, it is an offence under the EA 1955 for non-payment of overtime wages by the employer.

Can employer refuse to pay overtime?

Technically, it is not exactly illegal for employers to refuse their employees overtime payments, particularly if the award, enterprise agreement or other registered agreement sets out that overtime rates do not apply. … However, if an employee works on a casual basis, then he or she will not receive overtime rates.

Is it compulsory to pay overtime?

Your employer can ask you to work additional hours but the request must be reasonable. If your employer is forcing you to work unreasonable extra hours, you should get legal advice.

THIS IS IMPORTANT:  Question: What is the most popular appetizer in the Philippines?

Employment Law. … Working Hours—The Malaysian Employment Act defines the workweek as 48 hours, with a maximum of eight working hours per day and six working days per week. There are special restrictions, considered to be protection provisions, for women in the industrial or agricultural sector.

Can an employee work more than 12 hours a day in Malaysia?

No employer shall require any employee under any circumstances to work for more than twelve hours in any one day. § 60A (2), 60A(4)(a) of Employment Act, 1955 and Employment (Limitations on overtime work) Regulations. … § 60A of Malaysia Employment Act, 1955. Every employee is allowed one whole day to rest each week.

How do employers avoid paying overtime?

In reality, the way to avoid paying overtime is to work people less than 40 hours a week, manage a balanced staffing plan so that you have enough floaters and part time help to fill the gaps, and closely watch your trends in customer needs and staffing to make sure they match up.

Can I sue my employer for underpaying me?

Yes, you can sue for being underpaid. … If this first attempt at getting your money does not work, you can consider suing your employer in small claims court or your local court.

How do you calculate overtime pay?

Workers who work overtime on ordinary work days should be paid 1.5 times the hourly pay for the first hour of overtime worked, and 2 times the hourly pay for each additional hour worked. Hourly wages are calculated by multiplying 1/173 times the monthly wage.

THIS IS IMPORTANT:  How can I send money from USA to Laos?

Is it OK to say no to overtime?

“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. … And “no,” your employer doesn’t have to pay you overtime if you work more than eight hours in a day.

Who is eligible for overtime?

It only requires that covered, nonexempt employees be paid overtime pay at a rate of not less than one and one-half times their regular rate of pay after 40 hours of work in a workweek. Employers are free to set and enforce work schedules and the employees must comply with the schedule that is given to them.

How many hours is overtime?

Casual employees now have an entitlement to overtime pay. They get overtime when working: more than 38 hours per week, or an average of 38 hours per week over a roster cycle. more than 11 hours on any day.

How are overtime hours calculated in Malaysia?

For employees paid on a monthly basis, overtime entitlements under the Employment Act are as follows:

  1. Working in excess of normal working hours on a normal work day: 1.5x hourly rate of pay**
  2. Rest day (follow normal working hours):
  3. Rest day (working in excess of normal working hours): 2x hourly rate of pay**

Is Sunday working day in Malaysia?

Working Hours in Malaysia

In all states except the states of Kedah, Kelantan and Terengganu, offices are opened from Mondays to Fridays. Saturdays and Sundays are considered weekends and hence the offices are closed during these days.

THIS IS IMPORTANT:  Is it safe to walk in Kuala Lumpur?
Rest in hot countries