Frequently Asked Questions (FAQs)

Last Updated: Wednesday, 03 October 2018 05:36
Published: Tuesday, 19 March 2013 11:23
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Select one of the above questions to find out it's answer. 

The Employment Act & Other Legislation

Workers covered under the Employment Act 1955 are all workers whose earnings do not exceed RM2,000.00 a month and all manual workers irrespective of their earnings. If you are a foreign worker legally employed in this country, you are also covered under the Employment Act 1955.
The types of work that women are prohibited are: underground work, industrial and agricultural undertaking between 10.00pm – 5.00am without exemption from the Director General of Labour.
 

Contract of Service & Termination

If the contract of service does not specify the period of notice, the notice shall be as follows:
4 weeks notice – has been employed for less than 2 years;
6 weeks notice – has been employed for 2 years or more but less than 5 years; or
8 weeks notice – has been employed for 5 years or more.
It is possible to terminate the contract of service without notice: by paying to the other party an indemnity in lieu of notice. if there is a willful breach by the other party of a condition of the contract of service.
A contract of service is deemed to be broken under the following circumstances: An employer fails to pay wages within seven days after the wages period. An employee has been absent from work for more than two consecutive working days without prior leave from his employer.

 

Overtime, Rest Days And Working Hours

An employee who is required to work on a rest day shall be paid one additional day wages at his ordinary rate of pay. 
An employee should be entitled to one whole day of rest day in each week.
Overtime rate should not be less than the following: On normal day's work, 1 1/2 times the hourly rate of pay. On rest day's work, 2 times the hourly rate of pay. On public day's work, 3 times the hourly rate of pay.

 

What type of complaint can be lodged to MOHR?

Any complaint related to action taken/decisions made by KSM/Department/Agencies, that are deemed to be discriminatory, unjust and against the principle of law

 

Can all complaints be referred to MOHR?

Yes, if that complaint related to MOHR/Department/Agencies EXCEPT complaints: i. Against Government policies. Matters under the jurisdiction of:

ii. Public Accounts Committee (PAC); iii. Anti Corruption Commission (MACC);

iv. Enforcement Agency Integrity Commission (EAIC); v. Legal Aid Department; vi. Courts of Law;

 

What information do I need to include in my complaint?

Please include the complainant's name, full address, contact number and complete details of the complaint. Maklumat yang perlu diisi
i. Nama - Jenis Pengadu;
ii. No. Kad Pengenalan - Tajuk Aduan;
iii. Jantina - Butiran Aduan;
iv. Alamat - Aduan Terhadap Bahagian/Jabatan/Agensi;
v. Negara/Negeri/Daerah - Tindakan yang telah diambil pengadu;
vi. Telefon/E-mel - Tindakan yang dikehendaki dari KSM;
vii. Pekerjaan.

 

 

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