OT - salary above RM1500 vs manual labour

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asked on Jul 29, 2006 at 18:39
by   Happymisery
Dear all,

1. I am a lab technician in one of major foreign manufacturing company producing camera module. My job is to take images and process it to make datas. Is it considered as 'manual labour'?. I asked this to know whether I am entitled for OT even though my basic salary is above RM 1500. (As stated in the employment act that 'any person who 'irrespective of the wages earns in a month has entered into a contract of service with an employer and disengaged in manual labour', engaged in the operation of, mechanically propelled vehicles, one who supervises and oversees employees in manual labour)

2. The company claims their employee that work Overtime (even wage is below RM1500) will be paid in 'OT leave'. That is every 4 hours OT will be given a half day leave at any working day. Under what law, term or condition that the company can supersede the employment & labour law?

Hopefully one could give explanation into this matter since I believe that this matter happens in most manufacturing environment.

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answered on Jul 30, 2006 at 19:32
by   Stranger
Just a friendly comment to your posting.

The relationship between an employer and employee, I believe, is more intimate than just getting salary purely for work done.  Winning an argument but losing the relationship may render the continue employment rather uneasy for both parties. In this mindset, I believe it makes sense for the parties to resolve the differences amicably or at least to get the positions of the parties identified. Apparently, you have not done so. There is nothing to stop you for asserting your preceived right by taking your matter to a proper forum for resolution after you have tried but failed to reach a solution with your employer.
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answered on Jul 31, 2006 at 12:12
by   Inspector
To answer your doubt simply and easily, you are entitled to OT.

Manual Labour in the Labour Law is categorised as any task that invovles the use of your physical strength to the extent of exhaustion in order to complete the job, such as Labourers and Domestic Maids.
The Employer may offer same amount of Recess Time, Time Off (Day Off Leave) as Substitute and in lieu of OT Wages.
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