QUESTION 1
Mandy is a 20-year-old Malaysian employed as an Administrative Clerk at AMD Precision Sdn Bhd in Melaka. The company is a manufacturer of semiconductors. According to her contract, she is under a probationary period until 31st December 2022. While on probation, her basic salary is RM1500 per month.
- Identify if Mandy is manual labor.
- Since the factory operates 24 hours per day, thus, as an administrative clerk, her normal working hour is Monday to Saturday, from 9 am to 6 pm. Justify if her normal working hour is compliance with the law.
- The factory also operates seven days per week, including on public holidays. Thus, Mandy may also be required to work on her rest day and public holiday. Explain her right to refuse such a request.
- If Mandy always refuses the employer’s request to work on her rest day and public holiday, explain the employer’s rights to not confirm Mandy into her employment.
- Explain Mandy’s right/s not to contribute to the social security laws during her probationary period.
QUESTION 2
Siti is working as Business Development Executive at KunnKurts Sdn. Bhd. in Labuan. According to her contract, she is entitled to RM2,200 basic monthly salary, RM200 Transportation Allowance, and a yearly bonus.
- Justify if Siti is under the scope of the Employment Act, Sabah Labour Ordinance, or Sarawak Labour Ordinance.
- If the employer cannot pay her the yearly bonus due to financial problems, explain her rights to the bonus.
- Explain if the employer’s failure to pay the bonus could be considered a termination of employment.
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