The Act covers employees, irrespective of their occupations, whose monthly wages do not exceed RM2,000. That is why sometimes you see some salaries funny like RM2,050. Mostly, it’s because of this.
The Act also covers employees, irrespective of their monthly wages, if they are:
- Engaged in manual labour
- Engaged in operation or maintenance of any mechanically propelled vehicle operated for the transport of passengers or goods
- Supervising other employees engaged in manual labour
- Engaged in any capacity in any vessel registered in Malaysia
- Engaged as a domestic servant
I just want to highlight here what is “Engaged in manual labour”. Manual labour is work primarily involves the use of hands & repetitive in nature. I know, sounds so naughty hehe… Anyways, the court interprets it is not manual labour “if the real labour involved is labour of the brain & intelligence”.
An example case was back in 2002 between Colgate-Palmolive & a Mr. Cheong. In that case, it was concluded that positions like senior craftsman, electrical technician, boiler attendant were all considered as non-manual worker because they use their minds & diagnostic skills when performing their daily duties. So when one’s job is partially manual, the job needs to exceed 50% of their time in manual labour to be considered a manual labour.
Example of positions considered as manual labour are like crane operator, cook, driver, train assistant, pantry aide, office kakaks & storehand.
So what about the rest of us? Well, it all boils down to what is written in our contract of employment. This includes the company’s employee handbook. However from my experience, if there is any matter that is silent, it’s not uncommon that the court will take into consideration what’s in the Act to determine what’s fair.
Thank you for reading =)
Bimbo
#EA1955 #HRMatters #ManualLabour
