Shift Work Rest Days Regulations

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Questions and Answers

What is the minimum required duration for a rest day if an employee is engaged in shift work?

24 hours

12 hours

48 hours

30 hours (correct)

What should an employer do to inform employees of their rest days?

Prepare a monthly roster (correct)

HTML notification on the company website

Announce it in a team meeting

Email the employees directly

For how long must the employer preserve the roster of rest days?

Six years (correct)

One year

Three years

Five years

Under what condition can an employee be compelled to work on a rest day?

For work that must be carried on continuously or continually by two or more shifts (A) Signup and view all the answers

Which entity has the power to determine if an employee's work necessitates being carried on continuously?

The Director General (B) Signup and view all the answers

What is the rest day requirement under Section 59 (1) for all employees?

One rest day per week (D) Signup and view all the answers

What was determined in the case of Malayan Commercial Banks Association & Anor v Association of Bank Officers?

Banking services are considered essential services (B) Signup and view all the answers

If an employee receives more than one rest day in a week, which rest day is considered their official rest day?

The last rest day of the week (D) Signup and view all the answers

What is the total daily wages when 100 units are produced at a rate of RM5 per unit?

RM1,000 (B) Signup and view all the answers

What is the payment for an hourly employee who works on a rest day for 3 hours?

One day's wages at the ordinary rate of pay. (D) Signup and view all the answers

If a monthly employee works on a rest day for 6 hours, what is the total payment due?

More than one's day but not exceeding two days' wages. (C) Signup and view all the answers

How many gazetted public holidays are employees entitled to in a calendar year?

11 (D) Signup and view all the answers

What happens if a public holiday falls on a worker's rest day?

The next day is considered a public holiday (C) Signup and view all the answers

How is overtime calculated for a worker who worked 10 hours on a rest day?

Not less than two times the hourly rate for the excess hours. (A) Signup and view all the answers

An employee on a piece rate who works on a rest day should be paid:

Twice his ordinary rate per piece. (C) Signup and view all the answers

In which scenario is an employee entitled to an extra day off as a substitute for a public holiday?

When they take sick leave coinciding with a public holiday (D) Signup and view all the answers

What is required of an employer before the start of each calendar year regarding public holidays?

To choose six additional public holidays and display them (D) Signup and view all the answers

If worker A, earning RM30 daily, works on a rest day from 8 am to 12 pm, what will their wage for that day be?

RM30 (B) Signup and view all the answers

How should a worker be compensated if they work on a public holiday?

Two days' extra wages plus holiday pay (B) Signup and view all the answers

What is the payment for a worker who works on a rest day for 5 hours if their normal working hours are 8 hours?

1.5 days' wages at the ordinary rate. (C) Signup and view all the answers

How should an employee on a monthly salary be regarded regarding holiday pay?

They are deemed to have received holiday pay if paid their monthly wages (D) Signup and view all the answers

If worker A has a monthly wage of RM650 and works on a rest day from 8 am to 10 am, how much are they entitled to be paid?

RM12.50 (C) Signup and view all the answers

What is one reason an employer might request an employee to work on a designated public holiday?

To meet higher production demands (B) Signup and view all the answers

What constitutes overtime for an employee who worked for 10 hours on a rest day?

Double their hourly rate for the hours above normal. (D) Signup and view all the answers

What constitutes absence without permission for an employee on sick leave?

Taking sick leave without any medical certification. (A), Failing to inform the employer within 48 hours of starting sick leave. (D) Signup and view all the answers

How many days of sick leave can an employee with 3 years of service take per year?

18 days (C) Signup and view all the answers

What is the maximum number of consecutive days of paternity leave a married male employee can take for one confinement?

7 days (B) Signup and view all the answers

What is required of a married male employee in order to qualify for paternity leave?

To notify the employer of his spouse's pregnancy at least 30 days before confinement. (D) Signup and view all the answers

When is an employee entitled to 60 days of paid medical leave?

If hospitalisation is necessary as certified by a medical practitioner. (B) Signup and view all the answers

What is the total wage for a worker who works on Independence Day for 8 normal hours and 2 hours of overtime?

RM 172.50 (D) Signup and view all the answers

What is the correct formula to calculate the daily wages for a worker earning RM 1,200 monthly?

RM 1,200 / 26 days (B) Signup and view all the answers

How many days of annual leave are employees entitled to if they have worked for 3 years?

12 days (A) Signup and view all the answers

According to Section 60D(3)(aa), how is overtime work on a public holiday compensated?

At three times the normal hourly rate (A) Signup and view all the answers

What consequence does an employee face for not applying for leave and being absent from work?

Punishment for misconduct (B) Signup and view all the answers

If a worker is instructed to work on a public holiday, what must the employer do?

Pay wages according to the Act (A) Signup and view all the answers

If a worker's hourly rate is RM 46, what is their pay for 2 hours of overtime work on a public holiday?

RM 34.50 (D) Signup and view all the answers

What is the entitlement for annual leave for employees who have worked for less than 2 years?

8 days (C) Signup and view all the answers

What happens when an employee on annual leave becomes entitled to sick leave?

The sick leave is granted and treated as if the annual leave was not taken. (A) Signup and view all the answers

What occurs if an employee does not apply for leave during the year?

The employee forfeits the leave. (B) Signup and view all the answers

Upon termination of an employee's contract, what is the employee entitled to regarding paid annual leave?

They can take their remaining annual leave before termination. (B) Signup and view all the answers

How does an employee on a monthly pay scheme receive annual leave pay?

They are deemed to have received pay as long as they receive monthly wages. (D) Signup and view all the answers

What is a requirement for an employee to be entitled to paid sick leave?

The employee must undergo an examination by a registered medical practitioner appointed by the employer. (B) Signup and view all the answers

What is the employer obliged to pay for if an employee is on sick leave?

The medical examination costs incurred by the employer's panel doctor. (C) Signup and view all the answers

If an employee is rejected for leave application, what is the employer required to do?

The employer must pay the employee for each day of leave still due. (D) Signup and view all the answers

What is true regarding an employee’s eligibility for sick leave after a consultation with a dental surgeon?

The employee must be examined by a dental surgeon as outlined by the guidelines. (D) Signup and view all the answers

Study Notes

Holidays and Leave

Rest Day: Employees are entitled to one rest day per week.
If employees have more than one rest day per week, the last day is considered the rest day.
Section 59(1A): A continuous period of at least 30 hours constitutes a rest day for shift workers.
An example is shift workers operating from 3 pm to 11 pm; their rest day must be at least 30 hours, beginning at 11 pm.
Employers must prepare a roster specifying rest days before the start of the month, or post a notice in a prominent location detailing the designated rest day, if it applies to all employees.
Rosters must be maintained for at least 6 years after the end of the relevant month.

Rest Day (Continued)

Section 60(1): Employees cannot be forced to work on a rest day, unless their work requires continuous operation, either on its own or involving multiple shifts..
Section 60(3)(a): If an employee, earning a daily/hourly rate, works during a rest period, they will be paid their daily wage. The employee won't exceed half their normal work hours, otherwise this pay increases to their daily wage or ordinary rate of pay.
Section 60(3)(b): Workers on a monthly/weekly rate who work during a rest day get paid half the ordinary rate of pay for the hours worked, as long as they don't exceed half their normal hours of work.
Section 60(3)(c): For work exceeding normal hours on a rest day, the pay is twice the hourly rate of the employee.
Employees working piece rate on rest days are paid twice the ordinary rate per piece.

Public Holidays

Employees receive 11 gazetted public holidays (5 specified, and 6 others per the employer).
Employers must publish a notice of the six public holidays for the year at the start of the year at the place of work.
Public holidays falling on a worker's rest day are compensated by the next day as a paid holiday.
Holidays can be swapped by mutual agreement between employer and employee.

Annual Leave

Annual leave entitlements are based on the length of employment; 8 days for under 2 years, 12 days for 2–5 years, and 16 days for over 5 years.
An employee who doesn't claim annual leave during the year loses the entitlement to it.
If the leave application is rejected, the employer is required to pay the employee for each day's leave at the end of the year.
An employee's annual leave entitlement must be processed and finalized before employment termination.

Sick Leave

Employees receive sick leave after a medical examination on the employer's behalf.
Medical certificates must be submitted from a registered doctor, and it's the employer's responsibility to pay for the examination.
Alternative doctors can be approved as a panel doctor in emergency cases.
Sections of sick leave not officially reported or lacking proper notification to the employer may be considered unauthorised absence.
Entitlement to sick leave varies based on years of service: 14 days for under 2 years, 18 days for 2–5 years, and 22 days for over 5 years .
Hospitalisation necessitates further leave entitlements (up to 60 days).

Maternity/Paternity Leave

Married male employees are entitled to 7 days of paid paternity leave per confinement, and a maximum of 5 confinements are covered in all.
To be eligible for paternity leave, the employee needs to have been employed by the same company for at least 12 months before the leave commences; and notify the employer of their spouse's pregnancy at least 30 days before the estimated childbirth date/or as soon as possible after the incident happens.

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Description

Test your knowledge on the regulations related to rest days for employees engaged in shift work. This quiz covers minimum required durations, employer responsibilities, and specific legal cases that impact rest day policies. Understand the rights and obligations associated with rest days in the workplace.