Question
SECTION B: SCENARIO BASED (25 MARKS) Read the letter below and answer the question at the end of the letter. Dear Encik Noh Yusof, Berjasa
SECTION B: SCENARIO BASED (25 MARKS) Read the letter below and answer the question at the end of the letter.
Dear Encik Noh Yusof,
Berjasa Transport Sdn Bhd is pleased to offer you a position in our expanding company. We are appointing you as Operation Executive attached to the Logistic Department in Berjasa Transport Sdn Bhd. You will be reporting directly to the Manager, Mr. Kevin Ong.
Your employment shall commence on 1 Mac 2024. The terms and conditions of your employment are as follows:
Position | Operation Executive, Logistic Department |
Salary | RM 2000 per month which will be reviewed annually during your annual performance review. In addition to your salary, you will be eligible for Site Allowance amounting to RM 150 per month and Attendance Allowance amounting to RM 200 per month. Your salary will be subjected to statutory deductions as required by the law at the prescribed rate. The company reserves the right to deduct your salary should you breach any of the terms and conditions of your employment. |
Hours of Work | Your working hours will be Monday to Friday: 9.00am-6.00pm. Lunch Break is 12.00pm to 1.00pm. Notwithstanding the above, the prescribed working days and hours may vary depending on operational needs and you may also be required to work in shift. In the event you are required to work overtime, you will be paid RM7.20 per hour for any extra hours that you do, subject to approval from your supervisor. |
Probation Period | You will be put under a probation period of THREE (3) months starting from the date of commencement of work. The management reserves the right to extend your probation period or to terminate your service at any time during the probation period without needing to give reason or notice. |
Public Holiday | You will be entitled to enjoy ELEVEN (11) paid public holidays per year. (Please refer to the Employee's Handbook for the public holidays observed by this company. However, the company may refuse to observe unplanned public holiday declared by the authority and substitute such holiday any way it deems fit.) |
Annual Leave | Upon completion of 12 months of service, you will be entitled to EIGHT (8) days annual leaves. Your annual leave entitlement will be increased based on your service duration. Take note that approval of application of annual leave is solely at the discretion of the company's management. The management can revoke the approval of leave based on operation requirement. Application for leave must be submitted THREE (3) days prior to taking any leave, failing which the application will not be entertained. Any unconsumed annual leave at the end of the year will be forfeited. |
Sick Leave | Upon completion of 12 months of service, you will be entitled to TWELVE (12) days paid sick leaves and FORTY (40) days of hospitalization leave. Take note that approval of sick leave is solely at the discretion of the company's management. The company will only accept medical certificate issued by approved panel clinics or government hospital. Entitlement for subsequent years of service is as stated in the Employee's Handbook. Sick Leave taken one day before or after any Public Holiday will be treated as unpaid leave by the company. |
Paternity Leave | Only confirmed male employees are entitled to apply for paid paternity leave in the company. SEVEN (7) consecutive days of paid paternity leaves in total will be given to male employees upon the birth of their child, up to a maximum of THREE (3) births by their lawfully wedded spouse(s). The male employee must provide a valid marriage certificate and proof of birth upon applying for the paternity leave. |
Transfer | In the course of performing your duties, you will be liable to be transferred to any other department or branch or subsidiary as the management deemed necessary. |
Termination of Employment | Both parties in this contract are entitled to serve a FOURTEEN (14) days termination notice in writing or pay ONE (1) month's salary in lieu to the other party. Notwithstanding the above, the Company shall be entitled to terminate your contract immediately without notice or indemnities if you are, in the opinion of the Company, guilty of dishonesty, misconduct, negligence in the performance of your duties or have been found to have committed a serious breach of any of your duties or obligations. |
Other terms and condition | All other terms and conditions of service are as stated in the Employee's Handbook available on the company website. The company reserves the right to amend, delete or alter any of the terms of employment stated above as deemed necessary without prior consultation with the employees. All amendments made, as and when necessary, will be circulated via the employee's portal. |
Question:
The letter above was received by the son of your best friend. You are an experienced HR practitioner, and your friend seeks your advice whether his son should accept the offer of employment.
Read through the letter and PROVIDE YOUR ANALYSIS ON EACH TERM STATED IN THE LETTER as to whether the provisions comply with the Malaysian Labour law, especially the Employment Act 1955.
Finally, advise Noh whether he should accept or reject the offer and provide your reasons.
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