What is covered under the Employment Act 1955

01What 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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