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.

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.

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.

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.