Question 2

Tanuja and Kit Jen are best friends who are facing problems at the company they are working at, Richmond Sdn Bhd. They came to see you, an HR consultant to understand their rights as employees under the Employment Act 1955 (EA). Give the appropriate advice to them for the following situations.

1. Tanuja works as an account clerk. She has just started her employment and is still under probation. Last week she got two days of medical leave from her dentist due to an operation to remove an impacted tooth. Tanuja informed her employer of the leave and submitted her medical certificate upon returning to work. She was surprised when the HR informed her that as a probationer, she is not entitled to paid sick leave. Thus, two days' pay will be deducted from her salary. Tanuja wishes to know whether such policy is in line with the law. (6 Marks)
2. Kit Jen is an executive in the Business Planning Department. She earns RM 3750 per month. The company is currently expanding, thus everyone in the department in overloaded. Her manager often asked her to stay back to finish her job, sometimes until 10.00pm. This happened several times but when she received her pay slip at the end of the month, she noticed that there is no overtime payment given. When asked, the company said that only those earning below RM2000 is entitled to get overtime payment under the law. The company assured her that they will compensate her by giving replacement leaves later. Kit Jen wishes to know whether this is correct. (6 Marks)