CLAUSE 34 - ENTERTAINMENT
EXPENSES
(i) The Company shall reimburse reasonable entertainment
expenses incurred with prior approval of the Company on each occasion of such
entertainment by an employee in the course of his duty.
(ii) Where an employee incurs, without the prior approval of the
Company, reasonable entertainment expenses in circumstances, which preclude him
from obtaining such approval, the Company shall give sympathetic consideration
to a claim by the employee for reimbursement.
CLAUSE
35 - FORMAL DRESS
(i) The Company shall reimburse an employee for the cost of any
formal dress or special costume required to be worn by such an employee in the
discharge of his duties and for the purchase or rental of which the prior
approval of the Company has been obtained.
(ii) The Company shall give due consideration to the reimbursement
of reasonable cost due to damage to an employee's clothing or shoes suffered
while in the discharge of duties specifically with reference to the coverage of
fire, flood or other disasters such as strikes, riots or civil commotion.
CLAUSE
36 - TRANSFERS
(i) The Company may at its discretion and in the interest of its
business from time to time assign, reassign or transfer an employee to work
consistent with his contract of service or with any variation thereof agreed
before such assignment, reassignment or transfer between the Company and the
employee. Where an employee's contract of service is silent or ambiguous on the
extent to which he may be assigned, reassigned or transferred, it shall be
deemed to permit from time to time his assignment, reassignment or transfer to
work in any of the Company's place of work in Malaysia.
(i) The Company shall
reimburse an employee, where the prior agreement of the Company to such
reimbursement has been obtained, the reasonable expenses incurred on transfer
from one town or city to another and shall allow an employee reasonable time
off duty for the purpose of finding accommodation in the town or city to which
he is transferred.
(iii) An employee who is transferred by the Company to work in any
of the Company's places of work in Malaysia shall be paid a displacement
allowance, as follows:
|
(a)
|
Single
employee
|
lump
sum payment of RM600.00
|
|
(b)
|
Spouse
|
lump
sum payment of RM300.00
|
|
(c)
|
Children:
Below 7 years
|
lump
sum payment of RM240.00
per child |
|
(d)
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Children:
7 years and above
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lump
sum payment of RM300.00
per child |
And
provided further that
the total amount payable shall not exceed RM2,650.00.
(iv) For the purpose of
this Clause, the following shall be deemed to constitute one town or city:
(a) Kuala
Lumpur and Petaling Jaya
(b) Klang
and Port Klang
(c) Putrajaya
and Cyberjaya
(d) Petaling
Jaya and Shah Alam
CLAUSE
37 - ANNUAL BONUS
(i) Subject to the provisions of this
Clause:
(a) The Company shall pay an annual bonus equivalent to twice the
employee's monthly basic salary with due regards to the exchange of letter
between the Company and the Union.
(b) Every employee other than an employee on probation shall be
paid a bonus payment in respect of his continuous employment with the Company
during the whole of every calendar year (1st January to 31st December) or, where
an employee is employed by the Company for a portion of a calendar year, a
bonus payment proportionate to that portion, in respect of his employment with
the Company during that portion of that calendar year, provided that the
employee has completed one (1) year's continuous employment with the Company
prior to such portion of the calendar year's employment.
(ii) For the purpose of calculating bonus
payments:
(a) an employee's monthly
salary shall be his monthly salary as at the 31st day of December of the
calendar year in respect of which the bonus is due or, in the case of an
employee whose employment with the Company is terminated, his monthly salary as
at the date his employment with the Company is terminated.
PROVIDED that the monthly salary of an employee who, on the
31st day of December in any calendar
year, is absent without salary (whether or not leave of absence has been
granted) shall be his monthly salary immediately before the commencement of
such absence;
(b) in the case of an employee who has been confirmed in the
employment of the Company, employment on probation in any calendar year shall
be reckoned as employment in that calendar year;
(c) any period by which the aggregate period of an employee's
absences from work without salary (whether or not leave of absence has been
granted) in any calendar year exceeds
one half of a month shall be deducted from the period of his employment with
the Company during that calendar year.
(iii) The bonus payment for employment in any
calendar year shall be paid:
(a) to an employee who will be in the employment of the Company on
the 31st day of December in that calendar year other than as an employee on
probation, on or about 20th December in that calendar year;
(b) to an employee whose employment with the Company is terminated
other than as an employee on probation, as soon as bonus for that calendar year
has been declared.
CLAUSE
38 - RETRENCHMENT
(i) "Retrenchment" means termination by the Company
of the service of an employee for reasons described hereunder, but it does not
include:
(a) voluntary
retirement of an employee;
(b) compulsory retirement of an employee on reaching the age of
retirement as provided in Clause 39; and
(c) termination
of the service of an employee on the grounds of ill-health.
(ii) "Continuous service" means uninterrupted
service, and includes service interrupted merely on account of:
(a) sickness;
or
(b) authorised
leave.
(iii) "Authorised leave" in sub-clause (ii) above
means leave approved and granted by the Company.
(iv) The Company may terminate the employment of an employee by
reason of redundancy or by reason of the re-organisation of the Company's
profession, business, trade or work.
(v) Where an employee's employment is terminated by reason of
redundancy, the Company agrees in principle, all things being equal, to lay off
an employee on the basis of "LAST IN FIRST OUT" by function, except
where, after consideration, in the opinion of the Company, an employee who
might otherwise be laid-off is better qualified to meet the Company's
requirements.
(vi) In the event of the termination of the employment of an
employee under sub-clause (iv) of this Clause, the Company shall give not less
than three (3) months' notice in writing giving the reasons for retrenchment or
salary in lieu of such notice.
(vii) The following benefits shall be payable on the termination of
employment for the reasons mentioned in sub-clause (iv) of this Clause:
|
(a)
|
Employees
with less than three (3) years’ continuous employment
|
|
Three-quarter
(3/4) month's last drawn salary for each year of employment or part thereof.
|
|
(b)
|
Employees
with three (3) but less than five (5) years’ continuous employment
|
|
One
(1) month's last drawn salary for each year of employment or part thereof.
|
|
(c)
|
Employees
with five (5) years and more continuous employment
|
|
One
and a half (1½) months' last drawn salary for
each year of employment or part thereof.
|
CLAUSE
39 - RETIREMENT AND RETIREMENT BENEFITS
(i) An employee shall retire from his employment with the Company
on attaining the age of fifty-five (55).
(ii) All employees who have been confirmed in their appointments
and who have been in continuous employment with the Company for at least five
(5) years shall be entitled to retirement benefits which shall commence to be
paid in accordance with sub-clause (iii) of this Clause immediately after the
fifth year of employment.
(iii) (a) Subject to
the conditions stipulated in sub-clause (ii) above and to the law for
the time being in force, the Company shall pay to the
Employees Provident Fund on behalf of each entitled employee for each month or
part of a month, retirement benefits which together with the Compulsory
Contribution amounting to:
1) 17 per centum of his salary provided he has been in continuous employment
with the Company for at least five (5) years and up to ten (10) years;
2) 19 per centum of his salary provided he has been in continuous
employment with the Company for more than ten (10) years and up to 25 years;
3) 20 per centum of his salary provided he has been in continuous
employment with the company for twenty-five (25) years and above.
(b) An employee shall
not be entitled to any retirement benefits under this Clause in the event that
his employment with the Company is terminated before the completion of the
length of service as specified under sub-clause (ii) of this Clause.
(iv) For the purpose of this Clause:
(a) "the Company" means STAR PUBLICATIONS (MALAYSIA)
BERHAD and its branch offices in Malaysia.
(b) "Salary" means the monthly basic salary exclusive of
allowances of any description, overtime pay, or pay for work done on rest day
or on public holiday, bonus, commissions except such as have been specifically
approved by the Company for inclusion in the basic salary of an employee.
(c) "Continuous employment with the Company" means a
continuous period of employment of an employee without any break of service
from the date of his appointment and shall include employment in a probationary
capacity.
(v) With reference to sub-clause (iii)(a) of this Clause, it is
agreed between the Company and the Union that there shall always subsist a 5%,
7% and 8% difference, whichever is applicable, above the compulsory
contributions for retirement benefits to employees irrespective of whether the
rate of compulsory contributions imposed upon the employer is increased or
decreased from the present rate of 12%.
(i) An employee who is
aggrieved by any action of the Company may complain orally or in writing to his
immediate superior stating the nature of his grievance and seeking redress.
(ii) If after the employee has complained under sub-clause (i) of
this Clause and the employee's immediate superior fails within four (4) days
either to act upon such complaint or to provide a remedy to the satisfaction of
the employee, the employee may appeal to his Head of Department, or in the
event that he complained under sub-clause (i) of this Clause to his Head of
Department; he may request his Head of Department to reconsider his complaint,
and in either case he may, where his appeal or request is oral, be accompanied
by a member of the Union Committee or by a member of the Union, being an
employee, nominated by the Union.
(iii) If after the employee has appealed or requested
reconsideration under sub-clause (ii) of this Clause, the employee's Head of
Department fails within four (4) days either to act upon such appeal or request
or to provide a remedy to the satisfaction of the employee, the employee may
appeal to any officer of the Company appointed by the Group Managing
Director/CEO to consider grievances and he may, where his appeal is oral, be
accompanied by a member of the Union Committee or by a member of the Union,
being an employee, nominated by the Union.
(iv) If after the employee has appealed under sub-clause (iii) of
this Clause, the officer of the Company fails within four (4) days either to
act upon such appeal or to provide a remedy to the satisfaction of the
employee, the employee may invoke the assistance of the Union and the Union may
then represent the employee's complaint to the Company under Clause 41.
(v) At any proceedings in which the Union represents the
employee's complaint under sub-clause (iv) of this Clause, the Company or the
Union may require the employee to be present in person.
(vi) Any grievance of an employee shall not be considered after one
(1) month has elapsed from the date:
(a) on which it arose, should no action have been taken by the
employee to complain under sub-clause (i) of this Clause; or
(b) on which the employee complained under sub-clause (i) of this
Clause should no action have
been taken by the Union to proceed under sub-clause (iv) of this Clause.
(vii) The parties hereto agree that an employee's grievance should be
settled at the lowest level appropriate to that grievance in the interest of
industrial efficiency and industrial peace.
(viii) Without prejudice to the provisions of this Clause, the
Company agrees to allow an employee who is aggrieved by any action of the Company
(including any action by another employee), the discretion in choosing the
person to whom he may complain.
(i) There shall be a Joint Consultative Committee composed, at
any meeting thereof, of not more than five (5) representatives of the Company
appointed for that meeting by the Company and not more than five (5)
representatives of the Union appointed for that meeting by the Union.
(ii) The functions of the Joint Consultative
Committee shall be:
(a) to consider matters of common concern to the parties hereto,
including the operation of this Agreement, the terms and conditions of
employment of employees, complaints by employees against the Company and
complaints by the parties hereto against each other and to consider suggestions
by the parties hereto and by employees; and
(b) to
attempt to reach agreement between the parties on the said matter.
(iii) Either party may request a meeting of the Joint Consultative
Committee by giving to the other not less than seven (7) clear days notice
thereof in writing or such shorter notice as may be agreed between the parties
and a meeting shall be held accordingly.
(iv) No matter shall be discussed at a meeting of the Joint
Consultative Committee unless the party wishing to raise the matter has given
to the other not less than two (2) clear days notice in writing thereof or such
shorter notice as may be agreed between the parties.
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