Question 2

a) Indicate whether the employee/s is/are covered by the Employment

Act 1955.
b) Analyze and determine whether situations are accordance to the
relevant sections of the Employment Act 1955.

i) Janet is a HR Executive earning RM 1,800 per

month. She is 8 months pregnant and has been
on sick leave for most of the last 2 months. The
company wants her to start her maternity leave
immediately.

Answer
According to First Schedule, Janet is covered under Employment Act
1955 because her wages is under RM 2,000.
According to S60F, she is entitled sick leave if she:- work for <2 years she will get 14 days
-work for >2 years but <5 years she will get 18 days
-work for >5 years she will get 22 days
But, if she has been hospitalized and have certified from doctor she
will get 60 days sick leave

 According S37, 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.

She may take the leave prior to actual confinement for up to maximum 30 days
before due date.
The latest to start ML is on the day she gave birth.
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
The company cannot ask her to start Maternity leave immediately because the
Maternity leave only can be used once she deliver her baby.
So, Janet cant have a 2 months sick leave. She can take a leave without being
paid or she getting a prior leave which means that she can take a prior leave
maximum 30 days before she delivered her baby.

Azman is working as an executive in a bank and

earning RM1,850 per month. He just join the bank last
month. Last weekend, he was required to do a road
shows. According to his boss, he cannot claim overtime,
instead he will be paid a meal allowance of RM20 per
day
ii)

Answer
According to First Schedule, Azman is covered by Employment Act
1955 because his wages is RM1,850 and does not more than
RM2,000.
According to S59, every employee is entitled for rest day at least one
day in a week.
According to S60a(2), no employee shall be compelled to work on his
rest days, by its nature requires to be carried on continuously .
According to S60(3), the employer also should pay for any period of
work to Azman.

 According to S7, any favourable conditions of service or of an

agreement, under the Act to be prevail.
It means that, according to law the employer should pay Azman for his
time to work on his rest day. But, if the terms and condition on his
agreement already stated it will be accepted because it shows that
Azman already agreed about it before he sign the contract.

iii) Sulaiman is a driver with TZ Company Sdn Bhd. He

has been working with the company for 4 years. He
was on annual leave on 12th and 13th June. 14th and 15th
June were Public Holidays. 16th June was Sunday. On
17th and 18th June, the local bomoh gave him a sick
certificate after treating him for the hallucinations that
he had been having. When he came back to work on the
19th June, the Personnel Manager said you have selfterminated your employment.

Answer
According to First Schedule 2(2), Sulaiman is covered under Employment Act
1955 because he engaged in the operation for the transport of passengers or
goods.
Sulaiman has been work for TZ Company Sdn Bhd for 4 years. So, he is
entitled for 12 days annual leave.
In 12th and 13th June, he is entitled for annual leave.
For 14th and 15th June, it is a Public Holiday and he does not need to go for
work at that time.
On 16th June, he also does not need to go to work because it is a day off to
work.

According to S60F, An employee is entitled to paid sick leave after

examination at employers expense
By the doctor appointed by the employer ; or
If no such appointed doctor, by any registered doctor or medical office

Accroding to S60F(2), An employee who absents himself of SL

Not certified by registered medical practitioner

Certified but without informing or attempting to inform his employer of such SL within 48
hours
Shall be deemed to absent himself from work without permission and without reasonable excuse
If absence exceeds 2 consecutive days, S15(2) may be invoked by the employer

So, in this case the sick leave that are provided by the bomoh cannot
be accepted and the Personnel Manager can terminate his employment
because he has not come to work 2 consecutive days, without giving
sick leave form certified doctor.

QUESTION 3 (d)
Identify the purpose, philosophy and scope of the
Occupational Safety and HealAct 1994.

Answer
Purpose
To ensure parties at workplace responsible for their safety and health.
Philosophy
The responsibility to ensure safety and health at the workplace lies with
those who create the risk and with those who work with the risk.

The scope
Manufacturing

Financial, insurance, real

estate and business service

Mining and quarrying
Public service and statutory

Construction

authority

Agricultural, forestay and fishing

Utilities
Transport, storage and
communication
Wholesale and retail trades

OSHA does not apply to:

Workers governed by
Merchant Shipping Ordinance
Malaysian Armed Forces