FAQs

FAQs
  • The last rest days shall be the rest day for the purposes of ordinance. If the workers work overtime on the first day, they are going to be paid normal overtime rate.
  • Calculation of ORP basic wage and all other payment in cash divided with 26.
  • Condition 1 : Employed at anytime in the 4 months before confinement.

  • Condition 2 : Employed for an aggregate of not less than 90 days in the 9 months before confinement.

  • Condition 3 : 28 weeks of pregnancy.

  • Condition 4 : Payable up to 5 surviving natural children.

  • Less than 2 years service - 14 days.

  • 2-5 years - 18 days.

  • 5 years above - 22 days.

  • Less than 2 years - 8 days.

  • 2-5 years - 12 days.

  • 5 years above - 16 dayas.

  • YES. If they come within the definition of employee under Labour Ordinance (Sarawak Cap 76).
  • Not later than 7 days after the expiration of the wage period in request of which they are due.
  • If they work for less than 2 years - 4 weeks.

  • If they work for 2 (two years) or more but less than 5 years - 6 weeks.

  • If they work more than 5 years - 8 weeks.

  • Normal day - 1.5 X hourly rate of pay

  • Rest day - 2 X hourly rate of pay

  • Public holiday - 3 X hourly rate of pay

  • Monthly rated employee who works exceed half his normal hours of work to be pad 1 (one) day wages.

  • If they work does not exceed half his normal hours of work, they are to be paid half the ordinary rate of pay for 1 (one) day. 

  • Additional two days wages of ordinary rate of pay.
  • Labour Regulations (Temporary Termination and Retrenchment Benefits (Sarawak) (Amendment 2009) provide as follows:-

    1. 10 days' wages for each year of service;
    2. 15 days' wages for each year of service in respect of an employee who has worked more than 2 years but less than 5 years;
    3. 20 days' wages for each year of service in respect of an employee who has worked for 5 years or more.
  • Means, basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not includes-

    1. The value of any house accommodation or the supply of any food, fuel, light or water or medical attendance, or of any approved amenity or approved service;
    2. Any contribution paid by the employer on his own account to any pension fund, provident fund, superannuation scheme, retrenchment, termination, lay -off or retirement scheme, thrift scheme, or any other fund or scheme established for the benefit or welfare of the employee;

    3. Any sum payable to the employee to defray special expenses entailed on him by the nature of his employment;

    4. Any traveling allowance or the value of any traveling concession;

    5. Any gratuity payable on discharge or retirement or annual bonus

  1. Terms and Conditions of a contract of service must be made not lesser or lower than the provisions stipulated under the Ordinance,

  2. If the Terms and Conditions, in the contract of service, found to be lower than what is provided under the Act, the contract becomes null and in-effective. It shall be replaced by the terms and conditions according to the Ordinance.

  1. Both parties may effects the termination of service without notice by giving indemnity to the other party an amount equivalent to the whole of notice period or part of it.
  2. In the event of willful breach of contract on either party, the other party may terminate the contract without notice.

What is the recourse or action for an employer, in the event he finds his employee commits misconduct that goes against the conditions of contract?

After due investigation and after finding the act/s tantamount to misconduct that  goes against the conditions of contract, either express or implied terms, the employer may;

  1. Dismiss the employee without notice
  2. Demotes the employee
  3. Suspension without pay not exceeding 2 weeks
  4. Any other lighter punishment

For the purpose of investigation, an employer may suspense his employee for the maximum period of 2 weeks. Full wages shall be reimbursed to the employee once he is exonerated.

Any person included in any category in the First Schedule. Any person, who has entered into contract pf service with an employer and received wages not more than RM 2,500 a month; and

Any person, regardless of the wages he receives from his employer; and

  • Engaged in manual labour;
  • Engaged in the operating and maintenance of any mechanically propelled vehicle (for purpose of transport or commercial purposes);
  • Engaged as supervisor to employees engaged in manual labour;
  • Engaged on any vessel registered in Malaysia (subject to exceptions); or
  • Engaged as a domestic servant.
  • Means, work which by reason of its nature requires to be carried on continuously or continually, as the case may be, by 2 or more shifts.