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巴生中总专家咨询组

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巴生中总专家咨询组 . KCCCI Experts Advisory Panel

(一) 背景 Background
为了提升商会的服务,巴生中华总商会成立 “巴生中总专家咨询组”,推出一整年的专家咨询服务,结合不同领域的专家顾问给予专业指导,为本会会员商家纾困解难,提高竞争优势,迈向高质量发展。
In an effort to upgrade its services, the Klang Chinese Chamber of Commerce and Industry (KCCCI) has set up the KCCCI Experts Advisory Panel (KEAP) to provide all year round expert advisory  service and professional guidance to our member-entrepreneurs  by pooling expert advisors from different areas  to help them uplift their competitive edge and achieve high quality development.
 
(二) 目的 Objective
为本会会员/商家提供专家咨询服务,助企业升级、优化、转型。
To provide expert advisory services to KCCCI member-entrepreneurs to help upgrade, optimize and transform their business.
 
(三) 服务时间 Service Duration
日期:01.08.2022 至 31.07.2023 (为期一年)
From 01.08.2022 to 31.07.2023 (One Year)
 
(四) 咨询领域 Areas of Advisory
1. 人力资源 Human Resource
2. 法律事务 Legal Matters
3. 税务 Taxation
4. 贷款与融资 Loans and Financing
5. 海关关税 Customs and Tariffs
 
(五) 咨询方式 Mode of Service
1. 欲咨询者可通过书面形式或电话提交问题呈交至巴生中总秘书处,由秘书处转交给专家们解答,并即时给予答复。
Members may submit their queries in writing or by telephone to the KCCCI Secretariat which will forward the queries to the experts for response promptly.
 
2. 每个月可与专家们进行线上咨询及面对面咨询,唯事先需向秘书处预约,每场咨询时间为三小时。每人15分钟的咨询时间。某些特定领域将以隔周轮流的方式 ,提供咨询服务。
Members may have online and face-to-face advice with participating experts each month subject to prior appointment the KCCCI Secretariat. Each consultation session lasts three hours and each participant shall have a 15-minute slot with the experts.  Consultation service can be provided in alternate weeks for specific areas.
 
3. 巴生中总有权针对当下的状况,修订及调整会诊行程及专家顾问人选的权利。
KCCCI reserves the rights to amend or revise the consultation schedule and/or the choice of experts.
 
4. 每三个月将会举办一场讲座会,参与此咨询组的会员商家将可免费出席。
A forum will be held in every three months and Members participating in this platform may attend the forum free of charge.
 
(六) 行政费用 Administration Fee
1. 行政费RM1,500。
Administration fees of RM1,500
 
(七) 报名日期 Registration Date
即日起至2023年7月31日
From now until 31 July 2023
 
(八) 条例 Terms and Conditions
1. 仅限巴生中华总商会会员申请。
Applicable to KCCCI Members only.
 
2. 所有已缴付之费用恕不退还。
All payments made are non-refundable.
 
(九) 免责声明 Disclaimer
1. KEAP仅提供咨询服务,若是会员商家想与专家有进一步的业务交流,风险则由双方自行承担,巴生中总概不负责。
KEAP only offers advisory services and KCCCI shall not be held liable for any potential risks arising from or in connection with any further business dealings between members-entrepreneurs and participating expert/advisors.
 
2. 巴生中总有权更改KEAP的经营方式及行政费用等。
KCCCI reserves the rights to modify the mode of operation or administration fees chargeable for the KEAP.
 
3. 对于网页中涉及的法规与条例及其相关资料说明,不应当被视作为本会立场或其他建议。若当事人利用本会网站上的信息而作出的任何决策及决定,巴生中总不承担任何责任。
Any laws and regulations and information relating to this website shall not be deemed to represent the stand of KCCCI or other advice. KCCCI shall not be held liable for any policy or decisions made by any party by using the information contained in this website.
 
4. 专家顾问不可泄露任何会员隐私等信息。
The participating expert advisors shall not disclose any personal information of any Members.
 
任何询问,欢迎联系巴生中总秘书处,电话:03-33439289;电邮: 该E-mail地址已受到防止垃圾邮件机器人的保护,您必须启用浏览器的Java Script才能看到。 。谢谢。
For enquiries, kindly contact KCCCI Secretariat at Tel::03-33439289;email: 该E-mail地址已受到防止垃圾邮件机器人的保护,您必须启用浏览器的Java Script才能看到。 . Thank you.

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FAQ - CUSTOMS & TARIFFS
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Our company principally engaged in paper mill / paper manufacturing industry. Please advise us those waste products import under Sirim COA approval can partly use in production, partly sell to third party?

Sirim officer replied that is up to customers.

Company would like to import machine & parts to use in production process from China. Kindly advise us how to waive the import duty.

Usually most machinery does not incur any duties, however sales tax maybe imposed.

For exemption of duties, usually if FORM E, is available for the items, duties will be exempted, however this is to be confirmed if we have more information on the imported items.

Another option is to apply through Finance ministry or mida for specific exemption.

Please advise the purpose of filling project status in PACU Mida system. Is it compulsory?

Please go to, https://www.mida.gov.my/setting-up-content/pacu, MIDAS portal on PACU.

PACU basically assist investors to expedite the whole process of getting approvals. The information on tax exemption application of machinery are also available there.

It would be faster if investors are doing it through PACU.


 
FAQ - HR
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I would like to clarify for overtime calculation which formula should I follow after 1/9/2022 wages /26day /8hours or wages/26 day / 7.5 hours

Ordinary Rate of Pay and Hourly Rate of Pay

Section 60 I (1A) of the Employment Act 1955 states that:

Where an employee is employed on a monthly rate of pay, the ordinary rate of pay shall be calculated according to the following formula:

monthly rate of pay

            26

Section 60 I(1)(b) of the Employment Act 1955 states that the hourly rate of pay means the ordinary rate of pay divided by the normal hours of work.

Therefore in calculating the hourly rate of pay, it would be calculated as:

Ordinary Rate of pay

              8*

On the assumption that the normal hours of work per day is 8 hours.*

Section 60 I (1)(a) of the Employment Act 1955 states that the ordinary rate of pay means wages as defined in section 2. Section 2 of the Employment Act 1955 defines wages as follows:

"wages" means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include

(a) the value of any house accommodation or the supply of any food, fuel, light or water or medical attendance, or of any approved amenity or approved service;

(b) any contribution paid by the employer on his own account to any pension fund,

provident fund, superannuation scheme, retrenchment, termination, lay-off or retirement scheme, thrift scheme or any other fund or scheme established for the

benefit or welfare of the employee;

(c) any travelling allowance or the value of any traveling concession;

(d) any sum payable to the employee to defray special expenses entailed on him by the nature of his employment;

(e) any gratuity payable on discharge or retirement; or

(f) any annual bonus or any part of any annual bonus;

Section 60 I (2) of the Employment Act 1955 states that an employer may adopt any method or formula other than the method or formula in subsection (1A), (1B) or (1C) for calculating the ordinary rate of pay of an employee; but the adoption of any other method or formula shall not result in a rate which is less than any of the rates provided in the subsections.

There is nothing improper for an employer to use the formula of wages/26/7.5 to calculate the hourly rate of pay provided it is more advantageous to the worker. The basis for the company to use 7.5 instead of 8 as the denominator in calculating the hourly rate of pay would be the normal number of hours worked per day would be 7.5 hours instead of 8 hours.

Otherwise it is recommended to stick to 8 for 8 hours of work.

Minimum wage of RM1500. This minimum wage is applicable to total salary or merely basic salary itself?

I have driver basic salary is RM1000. But he is getting almost RM3000 per month for trip incentive and commission. Do I need to adjust his basic salary to RM1500 OR can I just maintain the current method and making sure he is getting more than RM1500 in total monthly salary?

Paragraph 4(2) of the Minimum Wages Order 2022 states that "in relation to an employee who is not paid basic wages but is paid wages based only on piece rate, tonnage, task, trip or commission, the rate of monthly wages payable to that employee with effect from 1 May 2022 shall not be less than RM1,500."

This above may be confusing because what happens if an employee is paid a basic wage (below RM1,500.00) plus trip and commission as in the above example. A verbal telephone query with one of the Labour Department revealed that they are of the view that basic wage must be RM1,500.00. If this is the view of the Labour Department and if we hold a contrary view, then I believe that this matter can only be decided by a decision from the court.

Given the response from one of the Labour Department, the matter therefore still needs further research and deliberations and at this juncture cannot be positively determined should the Labour Department takes a contrary view.

Other than serving a warning letter, what other actions need to be taken before we can terminate a staff? This staff is not following working procedures and is making chaos with other colleagues.

To terminate a staff in Malaysia can be costly especially if the staff is a long serving staff and the salary is high and the employer losses his case in Industrial Court. Before taking any action including termination, it is important that the employer follows certain basic procedures. If there is a written or verbal complaint against an employee, the company should investigate the matter. If there are sufficient evidence and witness, to issue a show cause letter to the employee.

Depending on the reply by the employee to the show cause letter or the outcome of the domestic inquiry (if it is conducted), the company may consider to take the following action as provided for under Section 14 of the Employment Act 1955 which reads as follows:

Section 14. (1) An employer may, on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service, after due inquiry-

(a) dismiss without notice the employee.

(b) downgrade the employee; or

(c) impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks.

The misconduct must be sufficient serious enough before we can consider terminating the employee's service. The punishment to be inflicted must be in proportion to the misconduct. Section 14 (1) above talk about due inquiry. This means that some sort of investigation and inquiry must be undertaken. The giving of show cause letter is to ensure that the employee is given an opportunity to reply to the "misconduct". In any event, before terminating or taking any form of disciplinary action, it is advisable to consult a competent Human Resource Practitioner or an advocate & solicitor.

Can we accept MC from non-panel kliniik? However we have authorized panel Klinik.

Section 60F. (1) of the Employment Act 1955 states that an employee shall, after examination at the expense of the employer-

(a) by a registered medical practitioner duly appointed by the employer; or

(b) 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, be entitled to paid sick leave.

Therefore you can still accept medical chit from non-panel clinic on condition as stated above i.e. emergency basis having regard to the nature and circumstances of the illness. You need to query the employee on why he obtained medical chit from a non-panel clinic and only if the employer is satisfied with the answer should the employer approved the medical chit.

If it is a public holiday, how to calculated OT?

What public holidays are stipulated by the government?

Section 60D (1) of the Employment Act 1955 provides that every employee shall be entitled to a paid holiday at his ordinary rate of pay on the following days in any one calendar year:

(a) on eleven of the gazetted public holidays, five of which shall be-

(i) the National Day;

(ii) the Birthday of the Yang di-Pertuan Agong;

(iii) the Birthday of the Ruler or the Yang di-Pertua Negeri, as the case may be, of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory;

(iv) the Workers' Day; and

(v) Malaysia Day; and

(b) on any day appointed as a public holiday for that particular year under section 8 of the Holidays Act 1951 [Act 369].

Section 60D (3) (a) states that any employee may be required by his employer to work on any paid holiday to which he is entitled under the said subsections and in such event he shall, in addition to the holiday pay he is entitled to for that day be paid two days' wages at the ordinary rate of pay if the employee is employed on a monthly rate of pay. This is regardless of the number of hours the employee worked up to the normal hours of work.

For any overtime work carried out by an employee in excess of the normal hours of work on a paid public holiday, the employee shall be paid at a rate which is not less than three times his hourly rate of pay.

When an employer requires employees to go to work on public holidays, does it violate laws and regulations?

Employees may be requested to work on public holidays and provided they are paid according to the Employment Act 1955 there would be no violation of law and regulations.


 
FAQ - LEGAL
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Legal

Question:

- 不按照contract 还钱

- 不还钱

- 货物不拿一直放着

- subcontractor agreement

- sharing profit agreement (max 5% per equipment)

 

Answer:

If they are only starting sending out reminders now, then the reminder should set out specifically their contractual arrangement so that there is a valid cause of action. It is advisable to engage a lawyer to do so.


 
FAQ - Tax
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The 300k for tax deduction for renovation is it applicable for rental retail outlet that went through renovations? What is the documentation needed?

With respect to the enquiry on the special renovation deduction, please refer to the (attached FAQ) issued by the Inland Revenue Board (IRB) dated 11 March, 2021.

The renovation done on premises which are used for business will qualify for the special renovation claim and subject to the terms and conditions set by the IRB. The detailed criteria, type of renovation and documentation required are self-explanatory in the FAQ.