CENTRE OF STUDIES FOR SURVEYING SCIENCE AND GEOMATICS

FACULTY OF ARCHITECTURE, PLANNING AND SURVEYING,

UNIVERSITY TEKNOLOGI MARA MALAYSIA

PROFESSIONAL PRACTICE (SUG694)

TITLE: THE BASIC LABOR LAW

PREPARED FOR: PROF. MADYA DR. KHOIRI BIN DIMYANTI

PREPARED BY:

NO NAME MATRIC NO SIGNATURE

1 MUHAMAD SHAHRIZAL BIN ABDUL 2014569141
RAHMAN

2 MUHAMAD IKMAL ALIF BIN MUHAMAD 2014562001

HALIM

3 AHMAD FAIZAL BIN RAZALI 2014365185

CLASSS: AP220 7C

DATE SUBMITTED: 13 APRIL 2018

INTRODUCTION

On the previous class session which is on Wednesday 4th April 2018, our lecture Assoc. Prof Dr.
Khoiri Mohd Dimyati had organized the third talk for us under the subject of Professional Practice.
The talk was entitled basic labor law which was given by Mr. Mohd Rosandy Bin Md Ruslim. He
is now work in Bahagian Standard Perburuhan, JTKSM as a senior Assistant director. He began
talk with talking about his background started witch school with his school, university and the
company that he had worked before. He very experience in this law about labor.

(MUHAMAD SHAHRIZAL BIN ABDUL RAHMAN)

He started talk about contract first because contract is very important in working. The contract is
the agreement the labor and the employer. With the contract we can defend our self and for
employer that can do anything if is follow the contract which will agree by two party. Contract was
divide by two it is contract for service and contract of service. To know type of contract is very
important to know the what the suitable action to taken when the contract is broken. Contract of
service is happened when employees in the control of employers. The worker need to follow the
rule and follow work in that company and also be protected with act work 1995. This Contract of
Service also includes apprenticeship contracts. For the purpose of this Act, the contract includes
oral and written contracts. Contract for service is when company give project to other company.
This contract doesn’t have any control from the give project but have a time to need finished the
project given. This contract doesn’t have any protected by any act.

To be a good contract we need to follow the guide a provide by AKTA KERJA 1995. In this act it
has the rule need to make sure the contract is sincere and have win-win situation on the two party.
In that act have scope to follow. The scope the act it is the basic salary does not exceed
RM2,000.00 per month & not manual worker (not included allowance & OT). Salary paid in RM.
There is no limit on the amount of salary if working in a rough job (manual labor) including skilled
workers. Engaged in operation or any operation motor vehicles. He oversees or maintains other
workers who engaged in abusive workers. all service contract need in writing argument. In the
wiring contract need to have Employment & appointment, pay rate, type of allowance and rate,
the rate of payment is overtime, other benefits or benefits, working hours per day, term of notice
of termination and number of days for types of leave. All the requirement in the contract must not
less than the act provide and limit workers' rights to enter, join or establish a trade union. It is a
thing prohibited in contract. All the contract can be finished if the work given in contract it finishes
and also contract is expired. The contract termination for special reason in the event of a breach,
employee termination can be made after the investigation and employees can end its services
without notice if he or anyone his dependents are threatened safety. The infringement contracts
can divide into two causes first employed and labor. The employed cause if the fail to pay the
salary in seven day from the last date get salary or late from date be sign of KP. The labor cause
If persistence is not present for 2 consecutive days without truth or without reason reasonable.

If the employer refuses to give written contract, it does not mean that there is no contract of
employment between the employee and the employer. Without written contract also does not
mean the rights and obligations of both parties are limited. The written contract is very important
when something bad happen to work we can refers the written contract. If don’t have any written
contract we can’t defend our self because no argument can’t see. Like if a employer talk to want
given the salary RM2500 but only listen and don’t have any written about it and when time salary
the worker don’t get the expectation salary. The worker can’t bring this issue to court because
don’t have any writing that say you will get salary RM2500. Without it, the provisions of the law
such as the Employment Act 1955, the Sabah Labor Ordinance and the Sarawak Labor
Ordinance will play a role in identifying the rights and obligations inherent in the workplace
between employers and employers.

(AHMAD FAIZAL BIN RAZALI)

SALARY
• Introduction: All basic salaries and all payments in cash except:
i. Any contribution by employer.
ii. Any travel allowance for travel concessions
iii. Retirement or retirement benefits
iv. Bonus

PAYCHECK
• Period of salary: can not exceed one month
• Must be paid within 7 days from the end of the pay period
CURRENCY OF SALARY
There are 3 situations;
• Only on written request from employees (no need for permits) eg: sports & welfare clubs, unions
• Upon written request from the employee and with written permission from KP (permit)
• No employee request or purpose
i. Approved by any written law.
ii. Getting back up
iii. Indemnity under section 13
i. Employer's mistake is overpaid

WOMEN'S WORKER PROTECTION

• Women workers in agricultural or enterprise activities may not
working :
i. Between 10.00 pm and 5.00 am except for shift
ii. Starting work after 11 consecutive hours is free from work
iii. Must not be employed in any underground work
iv. Eligible for 60 days maternity leave (regardless of salary limit).
v. Can not fired a woman laborer who is on maternity leave
vi. Get a maternity allowance of up to 5 surviving children

DAY OFF
• 6 working days 1 day break. It does not apply if workers are on maternity leave, sick leave or
leave due to work disasters
• If there are 2 days of rest in a week, the last day is a day of rest for the purpose of the act
• For shift workers, the rest day should not be less than 30 hours.
• A schedule should be provided at the beginning of the month if the given day is not the same
for all employees, a notice must be provided.

TIME OF WORK
• Employers may not be required to work:
i. More than 5 consecutive hours without rest is not less than 30 minutes.
ii. Workers who are engaged in continuous work and need continuous attention should be given
45 minutes of rest within 8 working hours.
iii. More than 8 hours a day but can be less than 8 hours in any day; can be 9 hours on other
days or 48 hours a week
iv. Exceeding 10 hours in a day (calculated from the time the employee commences work for a
day including any period of leisure, rest or interlude during the 10-hr period (separate over
period)
v. Work beyond actual working hours is overtime
vi. No employer may require employees to work more than 12 hours a day or overtime work 104
hours per month.

FIXED INCOME
Section 2 of the Employment Act 1955 (Act 265) has defined the meaning of salary where it
basically means the wages of the principal and all other payments by cash payable to the
employee for the work done in respect of the service contract. In addition to Section 60 I of the
Employment Act 1955, section 2 of the Employees Provident Fund Act 1991 has also touched on
the definition of salary. The Employment Act 1955 also states some rules and regulations on
payment of wages. Article 265 has outlined that the pay period of wages shall not exceed one
month, even if the employment contract does not specify such period, then one month is a
reasonable period. In addition, this act also touches on the time of payroll. Every employer shall
pay to each employee not later than the seventh day after the last day of any period of salary
wages, less deductible deductions, earned by the employee during the period of the wage unless
the Director General is satisfied that payment within that period of time unreasonably feasible, he
may extend the payment time with the number of days he thinks fit. In terms of deductions from
salaries, the deed referred to shall be referred. The general rule of law is that no deduction shall
be made by the employer of the wages of an employee other than in accordance with this Act.
This section lists the conditions when the employer may deduct wages and certain conditions of
deduction that can not or can be made except by the written request from the employee or the
Director General. Care is required to provide a salary slip to each employee in which the slip will
place details salary as stated in the Work Regulations 1957. Source: Section 2, 18,19
Employment Act 1955 (Act 265) Section 2 of the Employees Provident Fund Act 1991 (Act 452)
Regulation 9 of the Work Regulations 1957
(MUHAMAD IKMAL ALIF BIN MUHAMAD HALIM)

I would like to make a summary about the speech of “the basic of labour law” that was presented
by Mr Mohd Rosandy Bin Md Ruslim as a “Penolong Pengarah Kanan” at “Bahagian Standard
Perburuhan Malaysia”. First of all, I would like to thank to Mr Rosandy regarding to their speech
that was very useful for us that will become as an employee one day. The content of the speech
was very interesting and I feel very active during this speech. The first content that Mr Rosandy
presented to us was the issue of rest day. The content regarding to the speech of rest day is the
types of rest day, rest day are categorize as four, which is rest day, annual leave, sick leave and
publics holiday.

Let me summarize all these four types of rest day, first, rest day, Every employee shall be allowed
in each week a rest day of one whole day where an employee is allowed more than one rest day
in a week (places working on 5-day week) the last of the rest days shall be the rest day: A daily
rated worker who works on a rest day, he shall be paid as follows:1 day's wages if the work does
not exceed half his normal hours of work or 2 days' wages if the work is more than half but does
not exceed his normal hours of work. A monthly rated worker who works on a rest day, he shall
be paid as follows: 1/2 day's wages if the work does not exceed half his normal hours of work, or
1 day's wages if the work is more than half but does not exceed his normal hours of work. For
overtime work on a rest day, an employee shall be paid at a rate which is not less than two times
his hourly rate of pay. For further information, see section 59.

Second, annual leave,there are some example of annual leave that we can claim to our
employers. An employee shall be entitled to paid annual leave of : 8 days for every 12 months of
continuous service with the same employer if he has been employed by that employer for a period
of less than 2 years, 12 days for every twelve months of continuous service with the same
employer if he has been employed by that employer for a period of 2 years or more but less than
5 years and 16 days for every twelve months of continuous service with the same employer if he
has been employed by that employer for a period of 5 years or more; and if he has not completed
12 months of continuous service with the same employer during the year in which his contract of
service terminates, his entitlement to paid annual leave shall be in direct proportion to the number
of completed months of service. For further information or any doubt of this summary, see section
60E.

Third, Publics Holiday, there are some guide line that every employers and employees need to
highlights regarding to advantages of work during Publics Holiday publics. Every employee shall
be entitled to paid holiday at his ordinary rate of pay on the following days in any one calendar
year: on ten of the gazetted public holidays, four of which shall be the National Day, the Birthday
of the Yang di-Pertuan Agong, the Birthday of the Ruler or the Yang di-Pertua Negeri of the State
or the Federal Territory Day; and the Workers’ Day and on any day declared as a public holiday
under section 8 of the Holidays Act 1951. There are a lot of content or law regarding to this section
but Mr Rosandy not much time to discuss at these section too long because he has some section
that is important to him to let us know. For further understanding and law related to Publics
Holiday, see section 60D.

Last but not least, sick leave, An employee shall, after examination at the expense of the
employer: by a registered medical practitioner duly appointed by the employer or if no such
medical practitioner is appointed or, if having regard to the nature or circumstances of the illness,
the services of the medical practitioner so appointed are not obtainable within a reasonable time
or distance, by any other registered medical practitioner or by a medical officer. If there is no
hospitalisation, the number of days of sick leave shall be: 14 days in each calendar year if the
employee has been employed for less than 2 years, 18 days in each calendar year if the employee
has been employed for 2 years or more but less than 5 years, days in each calendar year if the
employee has been employed for 5 years or more or if there is hospitalisation: 60 days in each
calendar year if hospitalisation is necessary, as may be certified by such registered medical
practitioner or medical officer: An employee who absents himself on sick leave: which is not
certified by a registered medical practitioner or a medical officer (see section 60F for more details),
but without informing or attempting to inform his employer of such sick leave within forty-eight
hours of the commencement thereof: shall be deemed to absent himself from work without the
permission of his employer and without reasonable excuse for the days on which he is so absent
from work. The employer shall pay the employee his ordinary rate of pay for every day of such
sick leave, and an employee on a monthly rate of pay shall be deemed to have received his sick
leave pay if he receives from his employer his monthly wages for the day or days on which he is
on sick leave.

In conclusion, there are a lot of advantage to every employees in term of rest day, all of this
advantages need to be practice to every employees because, if every employees are not practice
or claim all of this advantages and always keep focussing on progress of work at working place
without taking care of their emotion, health, time with family especially pay attention to the learning
process of their children. The consequences of this attitude will give a negative effect on the
employees for example, they start to feel stress to their body and even on their mood, and there
are some symptom of stress, for example, headache, sleep problems, anxiety, restlessness, and
sadness or depression. Last but not least, every employees need to understand on the basic
labour law to avoid any misunderstanding to their rights.

CONCLUSION

As a result for this lecture, it has expose to many possibilities to what will the interview will look
like. Thus, we as a student must prepared well to be prepared to be ready for uncertain future.
Big thanks to the Mr. Mohd Rosandy Bin Md Ruslim to show us, enlighten us on his experience
in labour law. We learn many things about labor law because after graduation we will face the
working environment. That why to know the law is important to protected we from be will cheated
by employers. We don’t have any experience in reality work that why fresh graduation easy be
cheated. From the experience mr. rosandy have that can know how to survive in reality work. We
hope can use what we get from this talk to survive. We also know it has act can protected us
when work. The important is a when get the job we need to have written contract to make sure all
the benefit written in that contract we can get it.