(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 shallbe 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.
(ii) 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:
And provided further that the total amount payable shall not exceed RM2,840.00.
(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 andthe 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 employeeis 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 ofan 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 workwithout 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 sixty (60).
(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 MEDIA GROUP BERHAD
(formerly known as Star Publications (M) 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%.
CLAUSE 40 - EMPLOYEES' GRIEVANCES
(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.
CLAUSE 41 - JOINT CONSULTATIVE COMMITTEE
(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.
(v) Any agreement reached on a matter between the parties
hereto shall not be invalid merely by reason that such agreement was reached
outside the operation of this Clause.
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