The right side is the exclusion clause which means that even if they are covered, there are certain provisions in the EA which are not applicable to them. Generally, employees earning wages of RM2, per month and below are covered by the EA and all of its provision.
Meaning, employers are not bound to pay them OT or give them paid annual leave. They also are deprived of other protections as well. Refer to the above table again. Under the EA, employee refer to those employed under contract of service. So, please be careful! Before you deny your Indonesian workers their public holidays, do read the provisions in EA again.
Minimum wage is not set under the EA For full background on the Minimum Wage and implementation of Minimum Wage , please refer to my paper published at Academia. Edu here: The Minimum Wage Order Presently the minimum wages as set by the government are as follows :. Employees who are unsure whether their employers have made the contribution should check with EPF and Socso.
As such any complaints regarding the above should not be made to the Department of Labour but directly to the EPF and Socso office. The minimum retirement age for public sector is currently 60 as set out by the The Minimum Retirement Age Act which was gazetted on 16 August and was enforced on 1 July The Act states that the minimum retirement age of an employee shall be upon the employee attaining the age of 60 years.
The employers may fix a retirement age for their employees which is higher than Without the clause, the employee may report for unfair dismissal if he is asked to retire upon reaching 60 years old.
This is especially when the employer has no track record for retiring employees and retires an employee for the first time. Read: Colgate Palmolive M Sdn. When drafting an employment contract or setting up terms of employment, the employer cannot give the employee terms that are below than what is stated in the EA. Employers are not prohibited however to give better terms to their employees.
The minimum standard can be found in several provisions under the Employment Act and its Regulations made thereunder. Among the most notable provisions are An employee shall not be required under his contract of service to work:. Create Class. Learning Outcome. Supporting Document.
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