Group Assignment Law - Case Study
Group Assignment Law - Case Study
Group Assignment Law - Case Study
GROUP/SEMESTER
NBH7A – PART 6
TITLE
CASE STUDY
LECTURER
MADAM MAZLINA BINTI AHMAD ZAYADAH
GROUP MEMBERS
ACKNOWLEDGMENT
A group assignment like this it cannot be done without support and strengthens from all who
involve in this group assignment, never forget the work of anyone alone. In this group assignment,
contributions of people with their different way, different kind of ideas and the decision that have
made this possible. A very sincere gratitude is hereby extended to the following people who never
ceased in helping until this final project is structured.
Thanks to god for the wisdom and perseverance that has been bestowed upon us during this
assignment, and indeed throughout our life: “Allah does not create a lock without its key, and Allah
doesn't give your problems without its solutions”.
We would like to express our gratitude to our lecturer Madam Mazlina Binti Ahmad Zayadah
for the useful comments, remarks and engagement through the learning process of this subject and
assignment. Without her to be the guidance for this final assignment for our course, we never can
achieve this level without him. Thank you so much, we will be grateful forever.
Special thanks to our group member, for making this group assignment, support, guidance,
advice on each other, as well as effort in proof reading the assignment, is greatly appreciated.
Indeed, without a good cooperation, understanding and teamwork, we would not be able to put the
topic together.
Last but not least, we would like to thanks our parents and family for their unconditional
support, financially and emotionally throughout this semester. Thank you so much, may god always
put all of you in his vassal.
TABLE OF CONTENT
2
NO DOCUMENTS PAGES
1 ACKNOWLEDGMENT
2 TABLE OF CONTENT
3 QUESTION 1 (i)
4 QUESTION 1 (ii)
5 QUESTION 2 (i)
6 QUESTION 2 (ii)
8 DECLARATION FORMS
INSTRUCTIONS
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Comment on the employment rights of each of the employee in each situation described below.
1. Determine whether the employee is covered/not covered by the EA1955
2. Identify issues in the case study
3. Refer to relevant sections from EA1955 related to each issue
4. Compare and Analyse
5. Solution
QUESTION 1 (i)
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i) Siti is employed as a supervisor in Syarikat Zumaju's manufacturing in Segamat. She is paid RM2550 per
month inclusive of RM100 travelling allowance and RM100 incentive. Her letter of appointment includes
the following statements:
You are required to work Monday to Friday 8.30am - 6.30pm. (Lunch break is 2.00pm-2.30pm).Employees
who have completed one year of service and have been confirmed in their position are entitled to 9 days
annual leave, 9 days public holidays, 18 days paid sick leave and 45 days paid maternity leave.
ANSWER:
Siti is covered by Employment Act 1955 because she is employed as a supervisor in Syarikat
Zumaju's manufacturing in Segamat. Subsection 2(3) of the First Schedule stated that “he
supervises or oversees other employees engaged in manual labour employed by the
same employer in and throughout the performance of their work”. Therefore, Siti is
covered by the Employment Act 1955 as she supervises the manual labour regardless of the
wages that she gets.
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Calculation:
8.30am - 6.30pm = 10 hours – 30 minutes break
= 9 hours and 30 minutes
09 hours 30 minutes x 5 days = 47 hours and 30 minutes
Lunch break = 2.00pm-2.30pm
Issues:
Based on the case study, we have identified two main issues as follows:
Issue 1: “You are required to work Monday to Friday 8.30am - 6.30pm. (Lunch break is
2.00pm-2.30pm)”
Issue 2: Employees who have completed one year of service and have been confirmed in
their position are entitled to 9 days annual leave, 9 days public holidays, 18 days paid sick
leave and 45 days paid maternity leave.
Based on the situation above, Siti is required to work from Monday to Friday 8.30 am -
6.30 pm. The total hours for a week is 47 hours and 30 minutes. It follows the rules under
S.60A of Employment Act 1955, "In excess of a spread over period of 10 hours per day.
Spread over period of 10 hours means a period of 10 consecutive hours to be reckoned from
the time the employee commences work for the day, inclusive of break." However, she has a
30 minutes lunch break only in which contradict what stated in the Employment Act 1955,
"Employee whose continual attendance at work is required, may work for 8 consecutive
hours but must be given the opportunity to have a meal of 45 mins at the place where
he works". Based on the situation, she has to work for more than 5 hours and will be
given 30 minutes break only instead of 45 minutes.
Secondly, her letter of appointment for leave matters as stated above does not follow the
statements in the Employment Act 1955. Her letter of appointment should be as follows:
Annual Leave:
8 days for every 12 months of continuous service with the same employer if
employed less than 2 years
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12 days for every 12 months of continuous service with the same employer if
employed for 2 years but less than 5 years
16 days for every 12 months of continuous service with the same employer if
employed for 5 years and more
Hence, Siti is entitled to 8 days leave instead of 9 days for every 12 months of
continuous service with the same employer if employed less than two (2) years.
Public holidays:
With reference to S.60D of Employment Act 1955, Siti should be given a minimum of 11
days of Public Holidays instead of 9.
Sick Leave:
Based on the above, Siti is entitled for 14 days sick leave if employed for less than 2
years, 18 days if employed for 2 years but less than 5 years or 22 days if employed for 5
years or more.
Maternity Leave
With reference to S37(1) of EA1955, Siti is entitled to 60 days (calendar month) leave
instead of 45 days in respect of each confinement.
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Issue 1: “You are required to work Monday to Friday 8.30am - 6.30pm (Lunch break is
2.00pm-2.30pm)”
According to S.60A of Employment Act 1955 (EA1955), it stated on the hours of work as
below:
Since Siti’s nature of work business operation is to supervise the manual workers, DG may
exempt the provision of hours of work. Besides that, it also stated that employee whose
continual attendance at work is required, may work for 8 consecutive hours but must be given
the opportunity to have a meal of 45 mins at the place where he works. The relevant sections
are stated below:
Issue 2: Employees who have completed one year of service and have been confirmed in
their position are entitled to 9 days annual leave, 9 days public holidays, 18 days paid sick
leave and 45 days paid maternity leave.
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Her letter of appointment for leave matters as stated above does not follow the statements in
the Employment Act 1955. Therefore, concerning the Employment Act 1955, her letter of
appointment should be as follows:
Annual Leave:
8 days for every 12 months of continuous service with the same employer if
employed less than 2 years
12 days for every 12 months of continuous service with the same employer if
employed for 2 years but less than 5 years
16 days for every 12 months of continuous service with the same employer if
employed for 5 years and more
Public holidays:
With reference to S.60D of Employment Act 1955, Siti should be given a minimum of 11 days
of Public Holidays instead of 9. The section stated that:
Minimum of 11 days per year
However, 5 days are compulsory:
1. Independence Day
2. Labour Day
3. Agong’s Birthday
4. State Ruler’s Birthday or Federal Territory Day
5. Malaysia Day
Sick Leave:
According to S.60F of EA1955, an employee is entitled to paid sick leave in each calendar
year
Maternity Leave
With reference to S37(1) of EA1955, Siti is entitled to 60 days (calendar month) leave instead
of 45 days in respect of each confinement. The details in the EA1955 are stated below:
i) Every female employees are entitle to 60 days (calendar month) leave in respect of each
confinement.
Confinement defined as giving birth after at least 22 weeks of pregnancy irrespective
of whether the baby is born dead or alive.
ii) She may take the leave prior to actual confinement for up to maximum 30 days before due
date.
iii) The latest to start ML is on the day she gave birth.
iv) Where a registered medical practitioner certifies that the female employee as a result of
her advanced state of pregnancy is unable to perform her duties satisfactorily, the
employee may be required to commence her ML 14 days before confinement
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1 Monday to Friday i) In excess of a spread over period Total working hours is 10
8.30am - 6.30pm of 10 hours per day hours including break. With
(10 hours) • Spread over period of 10 hours reference to the EA1955,
means a period of 10 consecutive DG may exempt the
hours to be reckoned from the time provision of hours of work
the employee commences work for due to nature of business
the day, inclusive of break. operation.
• Exception: DG may exempt the
provision of hours of work due to
nature of business operation.
2 Lunch break is 2.00pm- • Minimum 30 minutes break after 5 Based on EA1955, Siti must
2.30pm hours work be given the opportunity to
(30 minutes) • If employee starts work at 8 pm, he have a meal of 45 mins at
should be given his meal break of at the place where she works.
least 30 mins by 1 pm
• Any break which is less than 30
min does not break the continuity of
the 5 consecutive hours such 15
mins tea break at 10 am. Employee
should still be given 30 mins break
by 12 pm.
• Employee whose continual
attendance at work is required,
may work for 8 consecutive hours
but must be given the opportunity
to have a meal of 45 mins at the
place where he works.
3 Annual Leave: 9 days According to S.60E of EA1955, the Based on EA1955, Siti must
entitlement depends on employee’s be given 8 days instead of
length of service 9 days for every 12 months
of continuous service with
• 8 days for every 12 months of the same employer if
continuous service with the same employed less than 2 years.
employer if employed less than 2
years
• 12 days for every 12 months of
continuous service with the same
employer if employed for 2 years but
less than 5 years
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• 16 days for every 12 months of
continuous service with the same
employer if employed for 5 years
and more
4 Public Holidays: 9 days With reference to S.60D of According to EA1955, Siti
Employment Act 1955, Siti should be must be given 11 days
given a minimum of 11 days of instead of 9 days of Public
Public Holidays instead of 9. The Holidays.
section stated that:
• Minimum of 11 days per year
• However, 5 days are compulsory:
1. Independence Day
2. Labour Day
3. Agong’s Birthday
4. State Ruler’s Birthday or Federal
Territory Day
5. Malaysia Day
5 Paid Sick Leave: 18 According to S.60F of EA1955, an Based on EA1955, Siti must
days employee is entitled to paid sick be given 14 days if
leave in each calendar year employed for less than 2
years, 18 days if employed
Where no hospitalization is for 2 years but less than 5
necessary years
14 days if employed for less than 2 OR 22 days if employed for
years 5 years or more
18 days if employed for 2 years but
less than 5 years
22 days if employed for 5 years or
more
Where hospitalization is necessary
60 days in aggregate
Total no of days of sick leave
entitlement in a calendar year is 60
days
An employee is entitled to sick leave
on a calendar basis. It is not
apportioned according to the period
of his service in that year. He gets
the full entitlement eventhough he
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works for less than one year.
6 Maternity Leave: 45 With reference to S37(1) of EA1955, According to EA1955, Siti is
days Siti is entitled to 60 days (calendar entitled to 60 days
month) leave instead of 45 days in (calendar month) maternity
respect of each confinement. The leave instead of 45 days.
details in the EA1955 are stated
below:
i) Every female employees are
entitle to 60 days (calendar month)
leave in respect of each
confinement.Confinement defined as
giving birth after at least 22 weeks
of pregnancy irrespective of whether
the baby is born dead or alive.
ii) She may take the leave prior to
actual confinement for up to
maximum 30 days before due date.
iii) The latest to start ML is on the
day she gave birth.
iv) Where a registered medical
practitioner certifies that the female
employee as a result of her
advanced state of pregnancy is
unable to perform her duties
satisfactorily, the employee may be
required to commence her ML 14
days before confinement
5) Solution
Based on the issues and referring to the relevant sections in the Employment Act 1955 stated
previously, Siti can dispute the statements provided in her letter of appointment since she is
covered by the Employment Act 1955 because she supervises or oversees other employees
13
engaged in manual labour employed by the same employer in and throughout the
performance of their work. It is in line with Subsection 2(3) of the First Schedule. The
employer should revise Siti’s letter of appointment accordingly by referring to the Employment
Act 1955.
If the employer failed to do so, Siti can complain to the Labor Department for further action.
According to Section 60 (L) of EA1955, (1) The Director General may inquire into any
complaint from a local employee that he is being discriminated against in relation to a foreign
employee, or from a foreign employee that he is being discriminated against in relation to a
local employee, by his employer in respect of the terms and conditions of his employment;
and the Director General may issue to the employer such directives as may be necessary or
expedient to resolve the matter.
QUESTION 1 (ii)
ii) David is working as a waiter in a hotel in Johor Bahru. His monthly wages is RM1,990. According
to the hotel policy, employees may be required by the employer to work beyond his normal
working hours without overtime payment. He is upset because he feels that the employer
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must pay him overtime payment. He wants to make a complaint at the Labour Department but he
is not sure he has right to do so.
ANSWER:
David was covered by the EA1955, according to the first schedule, employees whose wages
not more than RM2, 000.00 per month. (PUA_20120330_P.U.(A)88-PERINTAH KERJA
(PINDAAN JADUAL PERTAMA).
David was required to work beyond his normal working hours without overtime payment by his
employee.
• ‘Overtime’ means the number of hours of work carried out in excess of the normal
hours of work per day.
• In 5 days week workplace, if the normal hours of work is 8 hours, then any work done
in excess of 8 hours from Mon to Fri would be treated as overtime
• In a workplace where the normal hours of work from Monday to Saturday is 7 hours,
making a total of 42 hours per week. If on one particular week, the employee is
required to work 8 hours from Monday to Thursday and 5 hours on Friday & Saturday,
he is still entitled to 1 hour overtime.
5) Solution
David have a right to make a complaint at the Labour Department as he is covered by the
EA1955 which his employer are required to pay for any extra working hours had been done
after the normal working hours. In the case of employer refused to pay they will be charge for
the Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual
leave, and sick leave. According to section 100EA1955:-
(1) Any employer who fails to pay to any of his employees wages for work done by his
employee on a rest day or pays wages less than the rate provided under section 60 commits
an offence, and shall also, on conviction, be ordered by the court before which he is convicted
to pay to the employee concerned the wages due for work done on every rest day at the rate
provided under section 60, and the amount of such wages shall be recoverable as if it were a
fine imposed by such court.
(2) Any employer who fails to pay to any of his employees any overtime wages as provided
under this Act or any subsidiary legislation made thereunder commits an offence, and shall
also, on conviction, be ordered by the court before which he is convicted to pay to the
employee concerned the overtime wages due, and the amount of overtime wages so ordered
by the court to be paid shall be recoverable as if it were a fine imposed by such court.
(3) Any employer who fails to pay to any of his employees wages as provided under section
60D, commits an offence, and shall also, on conviction, be ordered by the court before which
he is convicted to pay to the employee concerned the wages due for any work done on any
such holiday at the rate provided under section 60D, and the amount of wages so ordered by
the court to be paid shall be recoverable as if it were a fine imposed by such court.
(4) Any employer who fails to grant to any of his employees annual leave or any part thereof
as provided under section 60E commits an offence, and shall also, on conviction, be ordered
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by the court before which he is convicted to pay to the employee concerned the ordinary rate
of pay in respect of every day of such leave not so granted, the payment so ordered being in
addition to the wages payable to the employee for the work done on any such day, and the
amount so ordered by the court to be paid shall be recoverable as if it were a fine imposed by
such court.
(5) Any employer who fails to grant sick leave, or fails to pay sick leave pay, to any of his
employees, as provided under section
QUESTION 2 (i)
i) Kadir is a driver employed by Syarikat Transarawak Express Bus Company. He drives between
Kuching and Bintulu. His wages are RM2,850 per month inclusive of RM250 of travelling
allowance. He is frequently instructed to work overtime and sometimes he has to work on rest day
and public holiday too. According to his employer, he is not entitled to the rest day as his nature of
work requires him to work everyday. He is thinking of resigning but he would prefer not to give
notice before resigning.
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ANSWER:
QUESTION 2 (ii)
ii) Atikah is a production worker at manufacturing company in Kuala Lumpur. Her wages is RM2,350
per month inclusive RM150 cost of living allowance. She has been working for company for 4
years. She is expected to give birth to her 3 rd child next month. She applied for 90 days maternity
leave but her application is rejected. According to the company policy, maternity leave is only for
60 days and employee must start taking maternity leave three (3) weeks before due date. Because
18
she needs more leave after giving birth, she applied for 30 days annual leave after her 60 days
maternity leave, but the employer rejected her application.
ANSWER:
Issue 1 : Atikah applied for 90 days maternity leave but her application is rejected.
Issue 2 : Atikah applied for 30 days annual leave after her 60 days maternity leave, but the
employer rejected her application.
According to the Employment Act 1955, the current entitlement for new mothers in 2020 is 60
consecutive days of leave with full pay. A company can opt to extend the leave beyond 60 days, but
without pay. Public sector employees receive 90 days of leave.
To avail of the maternity leave benefit, an employee must have worked for the same employer for a
minimum of 90 days in the four months prior to starting leave. Also, the employee has to give formal
notice of the pregnancy and planned leave at least four months prior to the due date.
The employer cannot dismiss an employee or send a notice of termination during the maternity leave.
In a few cases, an employee may be entitled to more than the statutory leave of two months:
Few companies allow employees to extend their leave but without pay, after the mandatory 60
days.
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60 days' prior written notice is required
Under the Employment Act, the employee must send notice to the employer about their pregnancy at
least four months from their due date to enjoy all the maternity benefits laid out in the employment
contract. The employee must send a formal notice to their immediate supervisor and the human
resource department.
It is also required to let the employer know when the employee expects to start their maternity leave
at least two months before their expected confinement. Employees should take into account the work
culture and standard practices at their company before notifying the immediate supervisor.
5) Solution
Under the new Malaysian 2020 Budget, private sector employees can take 90 days of maternity
leave, starting January 1, 2021. The reasoning behind this increase is that Malaysia was lagging the
international standard leave of 98 days, and this policy would support both the mother and newborn.
The government has cautioned companies that refuse to offer the increased leave amount, and that
the change would be mandatory.
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In this situation, Atikah can apply maternity leave for 90 days pay because according to the
Employment Act 1955, company only pay for the 60 days before. But if her company refuse to give
Maternity Leave, she can report this case to Labour Department for further action.
DECLARATION FORMS
Course :
22
Name EMPLOYMENT LAW
Assignment/ :
Project Title CASE STUDY
I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of
Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or
acknowledged as referenced work. This assignment/ project has not been submitted to any other academic
institution or non-academic institution for any degree or qualification.
I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi
MARA’s Diploma/ Bachelor Degree/ Master’s Degree students, regulating the conduct of my study and exams.
I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will
be taken against me if I am found to be an offender.
9/1/2021
Zura
Date Student’s Signature
Course :
Name EMPLOYMENT LAW
23
Assignment/ :
Project Title CASE STUDY
I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of
Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or
acknowledged as referenced work. This assignment/ project has not been submitted to any other academic
institution or non-academic institution for any degree or qualification.
I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi
MARA’s Diploma/ Bachelor Degree/ Master’s Degree students, regulating the conduct of my study and exams.
I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will
be taken against me if I am found to be an offender.
9/1/2021 MAIZATUL
Course :
Name EMPLOYMENT LAW
Assignment/ :
Project Title CASE STUDY
24
I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of
Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or
acknowledged as referenced work. This assignment/ project has not been submitted to any other academic
institution or non-academic institution for any degree or qualification.
I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi
MARA’s Diploma/ Bachelor Degree/ Master’s Degree students, regulating the conduct of my study and exams.
I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will
be taken against me if I am found to be an offender.
9/1/2021
AtikahSyamimi
Date Student’s Signature
Course :
Name EMPLOYMENT LAW
I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of
Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or
acknowledged as referenced work. This assignment/ project has not been submitted to any other academic
institution or non-academic institution for any degree or qualification.
25
I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi
MARA’s Diploma/ Bachelor Degree/ Master’s Degree students, regulating the conduct of my study and exams.
I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will
be taken against me if I am found to be an offender.
9/1/2021
Syafiqah
Date Student’s Signature
Course :
Name EMPLOYMENT LAW
Assignment/ :
Project Title CASE STUDY
I hereby declare that the work in this assignment/ project was carried out in accordance with the regulations of
Universiti Teknologi MARA. It is original and is the results of my own work, unless otherwise indicated or
acknowledged as referenced work. This assignment/ project has not been submitted to any other academic
institution or non-academic institution for any degree or qualification.
26
I acknowledge that I have been supplied with the Academic Rules and Regulations for Universiti Teknologi
MARA’s Diploma/ Bachelor Degree/ Master’s Degree students, regulating the conduct of my study and exams.
I am aware that disciplinary action (which may include the deduction of marks in the assignment/ project) will
be taken against me if I am found to be an offender.
9/1/2021 SURAYA
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