What is covered under the Employment Act 1955
What do you need to know about the time & attendance in payroll?
Hours of Work
Section 60A(1) :
• Not more than 5 consecutive hours without a period of leisure of not less than 30 minutes duration
• Not more than 8 hours of Work in 1 day
• Not excess of a spread over a period of 10 hours in 1 day
• Not more than 48 hours in 1 week.
Rest Day
Section 59:
• At least 1 paid rest day per week
• Employer may determined from time to time
Work on rest day
Section 60:
• Employee shall be paid not less than 2 times his daily rate of pay.
• The same principle applies for overtime on the rest day.
Holidays
Section 60D:
Employee shall entitled to 11 gazetted public holidays, which must included:
1. National Day
2. Birthday of Yang-Di Pertuan Agong
3. Birthday of the Ruler or Yang di-Pertua Negeri or Federal Territory day
4. Labour Day
5. Malaysia Day
If employee is required to work on a public holiday:
• Employee shall be paid not less than 2 times his daily rate of pay
• Employee shall be paid at a rate not less than 3 times for overtime
Annual Leave
Section 60E:
Employee entitled to paid annual leave as follows:
• 8 days per year for employee who have worked less than 2 years
• 12 days per year for employee who have worked more than 2 years but less than 5 years
• 16 days per year for employee who have worked more than 5 years
For the incomplete 12 months of service:
• The employee is entitled to paid annual leave in direct proportion to the number of completed months of service.
Sick Leave
Section 60F:
Employee entitled to the paid sick leave as follows:
• 14 days per year if employed for less than 2 years
• 18 days per year if employed more than 2 years but less than 5 years
• 22 days per year if employed more than 5 years
If hospitalization is necessary:
• Employee is entitled to paid sick leave of 60 days.
• Inclusive of the paid sick leave entitlement stated in above
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