Revision Question 3

1. Vic works as an electrician and he earns a monthly salary of RM1,500. His working
hours are from 8.00 a.m to 5.00 p.m. and Sunday is his rest day. His supervisor
ordered him to work on Sunday from 8 a.m. to 8 p.m. because of the power failure in
the factory.
Advise Vic in this issue.

The issues is whether Vic can work on his rest day. According to Section 59 (1),
Employment Act 1955, it requires all employees to be permitted one rest day per
week. Where an employee is allowed more than one rest day in a week, the last of
such rest days shall be the rest day.

According to Section 60(1) Employment Act 1955 stated that except as provided in
subsection 60A(2), no employee shall be compelled to work on a rest day unless he is
engaged in work which by reason of its nature requires to be carried on continuously
or continually by two or more shifts: Provided that in the event of any dispute the
Director General shall have power to decide whether or not an employee is engaged in
work which by reason of its nature requires to be carried on continuously or
continually by two or more shifts.

According to Section 60(3)(b) Employment Act 1955, in the case of an employee

employed on a monthly or weekly rate of pay who works on a rest day, he shall be
paid for any period of work (i) which does not exceed half his normal hours of work,
wages equivalent to half the ordinary rate of pay for work done on that day. For
example, worker A monthly wage is RM650 (daily wages is RM650/26 days =
RM25). Normal working hours for worker A starting from 8 am until 4pm. If worker
A working during rest day from 8am to 12pm, wages for that day is RM 12.50. (ii)
which is more than half but which does not exceed his normal hours of work, one
day’s wages at the ordinary rate of pay for work done on that day. For example,
worker A working from 8 am past 12pm but not more than 4pm, the wages for that
day is RM25

In the case of Malayan Commercial Banks Association & Anor v Association of Bank
Officers, Peninsular Malaysia & Anor [1996] 1 MLJ 174. The issue is whether a bank
employee could be required by his employer to work on a rest day, under the
Employment Act 1955. The court stated that the bank workers can work during rest
 day as banking service is one of the services listed under Essential Service under the
Industrial Relations Act 1967. (Section 60A (2)(f) Employment Act 1955.

2. Sara works as a waitress and she earns RM60 per day. Her working hours are from
10.00 a.m to 7.00 p.m. She already has plan for her Chinese New Year celebration,
however, her employer asked her to work on that day from 10 a.m. to 10 p.m. with a
rest break at 4.00 p.m to 4.30 p.m.

Advise Sara in this issue.

Section 60A(9) Employment Act 1955 defines ‘hours of work’ as the time during
which an employee is at the disposal of the employer and is not free to dispose of his
own time and movements. where employee is expected to carry out the duties and
responsibilities assigned to him by the employer. It does not include any interval
allowed such as meal breaks where the employee is completely relieved from duty. It
must be confined solely to the time taken by the employee to carry out duties and
activities at the employer’s disposal.

Section 60A(3)(b) defines overtime as number of hours of work carried out in excess
of the normal hours of work per day. Provided that if any work is carried out after the
spread over period of ten hours, the whole period beginning from the time that the
said spread over period ends up to the time that the employee ceases work for the day
shall be deemed to be overtime. If A’s normal working hour is from 8am to 4pm.
Overtime is work carried out after 4pm. If B worked as restaurant waiter. B’s working
hour is for 10 hours starting from 11am to 9pm including period of leisure.
Therefore, overtime is work carried out after 9pm.

According to Section 60A(1) Employment Act 1955 stated that Employer cannot
require an employee to work more than five consecutive hours without a period of
leisure of not less than 30 minutes’ duration. Proviso (i) of section 60A(1) further
provides that any break which is less than thirty minutes in the five consecutive hours
shall not break the continuity of that five consecutive hours. However, an employee
who is engaged in work which must be carried on continuously and which requires his
continual attendance may be required to work for eight consecutive hours, inclusive
 of a period or periods of not less than 45 minutes in the aggregate during which he
shall have the opportunity to have a meal.

In the case of Lever Brothers (M) Sdn. Bhd. v National Union of Petroleum &
Chemical Industry Workers [1990] 2 ILR 394. The issue as to whether the company
has breached section 60A(1) proviso (i) for failing to provide their boiler men with
rest breaks. The facts reveal that in the past, there were two boiler men in each shift.
They went for their meal breaks in rotation. Upon the company’s reorganisation, there
was only one boiler man in each shift. Due to the shortage of staff, the boiler men was
not given fixed time off for meals and rest. Instead, an air-conditioned room was
provided in the boiler house for them to take their meals and rest breaks when they
were not actively on duty. The Union was unhappy with this arrangement and urged
the company to provide proper meal breaks to the boiler men and that the boiler men
who worked through their meal breaks be paid overtime.

3. Jaya works as a clerk in Mewah Property Sdn Bhd for one year. Recently, she was
diagnosed with a sickness which requires her to be admitted to ward for 70 days.
She asks your opinion whether she can apply 60 days hospitalization leave and 10
days sick leave.
Advise Jaya in this issue.

According to Section 60F(aa) Employment Act 1955 stated that, where no

hospitalisation is necessary,(i) less than two years of service, he is entitled to 14 days
of sick leave per year. (ii) if he has two to five years of service, he can take up to 18
days sick leave (iii) if he has served his employer for five years or more, then he is
entitled to 22 days of annual sick leave.

According to Section 60F(bb) Employment Act 1955 stated that if hospitalisation is

necessary, as may be certified by such registered medical practitioner, the employee is
entitled to up to 60 days’ paid medical leave per year inclusive of any sick leave
entitlement.
4. Sheila suffered from miscarriage at 29 weeks and received 2 weeks medical
certification from the doctor. Sheila asks your opinion on whether she can apply for
maternity leave benefits in this situation.

Advise Sheila in this issue.

Section 2 of EA 1955 Employment Act 1955 describes that employees must pregnant
for at least 7 months (28 weeks).

Section 60E(1B): Where an employee who is on paid annual leave becomes entitled
to sick leave or maternity leave while on such annual leave, the employee shall be
granted the sick leave or the maternity leave, as the case may be, and the annual leave
shall be deemed to have not been taken in respect of the days for which sick leave or
maternity leave is so granted.