HRM581

MALAYSIAN EMPLOYMENT LAW

INDIVIDUAL ASSIGNMENT

FACULTY FACULTY OF BUSINESS MANAGEMENT

PROGRAMME BACHELOR OF BUSINESS ADMINISTRATION (HONS.)

HUMAN RESOURCE MANAGEMENT

GROUP RBA243 3C

PREPARED BY : AZREEN ILYANIE BINTI AB RAHMAN

: 2021474188

PREPARED FOR : MISS NIK AZLINA NIK ABDULLAH

DATE : 29th APRIL 2022

QUESTION 1

Badrul is a driver at FDA Transportations Sdn. Bhd. in Sarawak. This year is his third year
working at the company. He earns RM2800 per month. Recently his wife gave birth. He
applied for paternity leave but according to the company’s policy, all-male employees are not
entitled to paternity leave. He applied for annual leave, but due to peak season, his
application was rejected. He also applied for RM800 advance of wages to pay for his wife’s
hospital bill, but his application was rejected.

Based on the information provided, answer the questions that follow.

a) Justify if Badrul is under the scope of the Employment Act, Sabah Labour Ordinance,
or Sarawak Labour Ordinance.

According to Badrul’s situation, Badrul is under the scope of the Sarawak Labor
Ordinance 1952 because he is working in Sarawak. Then, he works under the
manual labor at private sector as a driver at FDA Transportation Sdn.Bhd and
Badrul’s salary is over the Sarawak Labour Ordinance wages limit which is RM
2,500.

b) Describe Badrul’s rights for annual leave.

According to Badrul’s cases, he has the rights for annual leave since he has already
complete 12 month of service which is this year is his third year working at the
company based on section 60E of annual leave. Based on this section Badrul has
right for 12 days of annual leave because he working more than 2 years but
less than 5 years even it is during peak season.

c) Describe Badrul’s rights for an advance of wages.

According to Badrul’s situation, Badrul has right to applied for advance wages
because it is for medical expenses, based on section 22 employment act 1995 but it
is up to his employer to give it or not. Badrul has a right to apply the advance wages.
He also applied for suitable amount which is RM 800 and it does not exceed
the maximum amount which is 1 months of his salary.
d) Justify whether the company’s policy of not providing paternity leave to male

employees complies with the law.

The company policy that not provides the paternity leave to male employees is complies with
the law. This is because, paternity leave is depend on the employer to give the paternity
leave or not.