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Wage and hour laws in Butterworth, Malaysia, are governed by the Employment Act of 1955, which sets the framework for fair wages, working limits, and rest periods. The law applies to all employees in Malaysia, both nationals and foreign workers alike. This Act ensures that workers are paid adequately for their services and that they are not overworked. It covers key aspects of employment like working hours, overtime pay, public holiday pay, and minimum wage rates.
There are several reasons why an individual may require a lawyer specializing in wage and labor laws. If an employee thinks they are being unfairly paid, forced to work beyond the accepted hours without overtime pay, or not being adequately compensated for work on public holidays, they may need legal help to know their rights and seek justice. Employers may also need legal help to ensure they comply with all relevant laws and regulations, or to handle disputes with employees regarding overtime pay, minimum wages, or working conditions.
The Employment Act mandates that an employee should not work for more than 8 hours per day or 48 hours per week. For shift workers, the limit is extended to 12 hours per day. Overtime work beyond these hours should be rewarded at 1.5 times the regular rate. During public holidays, employees are entitled to full wages even if they do not work, and if they do, they should be paid double their daily wage. A review of the minimum wage is conducted biennially by the Malaysian Government.
The the current minimum wage as of 2021 is RM1,200 per month for major towns and RM1,100 for other areas.
Legally, an employer can make an employee work up to 8 hours per day, or 48 hours per week. For shift-based jobs, this limit extends to 12 hours per day. Any extra hours should be compensated with overtime pay.
Yes, employees working on public holidays are entitled to two days' wages at the ordinary rate of pay in addition to the holiday pay.
An employer cannot withhold an employee's wages without justifiable reason. Any dispute in payment should be settled according to the Employment Act or through the Malaysian Labor Court.
An employer can be fined, imprisoned, or both if found guilty of not adhering to wage and hour laws.
The Malaysian Department of Labour Peninsular Malaysia (JTKSM) is the best resource for information about wage and hour laws. Additionally, the Human Resource Development Fund (HRDF) provides training and resources for employers. The Malaysian Trade Union Congress (MTUC) can provide resources and guidance for workers.
If you feel that your employer is not adhering to wage and hour laws, it is important to seek legal advice immediately. Finding a knowledgeable and experienced labor law attorney can help you understand your rights and provide the best possible assistance in resolving your concerns. Remember, the law is there to protect your rights as a worker, so do not hesitate to reach out for help if you need it.
