Did you know that in Malaysia, we actually have a document issued by MOHR to regulate part-timers? It’s called the Employment (Part-Time Employees) Regulations 2010, and it has been in effect since 1st October 2010.
1. The regulations are only applicable if you are hired on a regular basis and your working hours per week are at least 30% of the normal hours of a full-time employee. For example, if a full-time employee works 40 hours per week, your hours should be minimum 12 hours per week
2. Overtime payment only kicks in when the part-timer works hours exceeding the normal hours of work of a full-time employee. For instance, if your work hours are 20 hours per week while a full-time employees works 40 hours, your x1.5 OT rate will only be effective on the 41st hour, the same as for the full-time employee. Hours 21 to 40 will be compensated at your regular hourly rate.
3. Technically, leave and public holiday benefits for part-timers are 70% of those for a full time employee (FTE) as prescribed in Employment Act 1955 (EA). For example, an FTE gets 11 days of public holidays as per EA, a part-timer gets 7 days. FTE gets 8 days of annual leave, the part timer gets 6 days. When the FTE gets 14 days of sick leave, the part-timer gets 10 days.
4. A rest day is only applicable if the part-timer works 5 days or more with a total of at least 20 hours per week.
Honestly speaking, this document is not very robust. Many are unaware of it, and even those who are aware, they don’t always adhere to it. But here’s what I have to say – if employers promotes a fair and respectful environment, ensuring legal compliance, it will never hurt the business. Think about it.
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