(i) Subject to the provisions hereof, every employee shall be entitled:
(a) if he has less than 2 years' continuous employment, to 14 working days;
(b) if he has 2 to 4 years' continuous employment, to 18 working days;
(c) if he has more than 4 years' and up to 6 years' continuous employment, to 24
(d) if he has more than 6 years' and up to 12 years' continuous employment, to 26
(e) if he has more than 12 years' continuous employment, to 28 working days;
annual leave on full salary for the immediately preceding twelve (12) months' continuous
employment with the Company.
(ii) The Company shall grant and the employee shall take such annual
leave not later than twelve (12) months after the end of every
twelve (12) months' continuous employment and any employee who
shall have failed to take such annual leave at the end of such period shall
thereupon be deemed to have waived his entitlement thereto, provided that annual
leave not taken by the said period may be carried forward to the
following year with the written permission of the Company.
(iii) Every employee may take at least five (5) working days of his
annual leave in one continuous period. In the absence of exceptional reasons, an
employee must apply to take annual leave at least five (5) clear working days
before the commencement of each period of annual leave for which he applies.
In the event that where an employee fails to apply
within the requisite notice, he must give acceptable reason(s) for that short notice.
(iv) The grant of annual leave is always subject to the exigencies of
the Company's business.
(v) The Company may re-roster an individual employee for the purpose of
substituting for another employee who goes on annual leave or on
compassionate leave. Such re-rostering may take place at short notice for
the purpose of substituting for another employee who is
granted leave at short notice.
(vi) In the event that an employee's employment with the Company is terminated before
the completion of the period of twelve (12) months' continuous employment as
specified in sub-clause (i) above, he shall be entitled to annual leave on full
salary proportionate to the portion of the said period for which he has been employed
and he shall be paid in lieu of the grant of any annual leave to which he
is entitled under this Clause, a sum equivalent to the full salary for the
period of the annual leave he has not taken and to which he is so entitled
at the date his employment with the Company is terminated.
(vii) For the purpose of this Clause, "working day" shall mean a day other than a weekly
rest day or a Public Holiday to which an employee is entitled hereunder. A day enjoyed
as a half-day holiday shall count as a half working day.
(viii) Subject to the provisions hereof, the choice of dates on which an
employee may take this leave shall be within the discretion of the Company
but where possible, shall be chosen with regard to the employee's convenience.
CLAUSE 25 - COMPASSIONATE LEAVE
(i) An employee who is confirmed in his employment shall be entitled to:
(a) Marriage of lawful children – three (3) consecutive working days of
leave before/from the day of wedding.
(b) Hospitalization of the employee’s closest family member:
(1) Admission in normal ward – two (2) consecutive days of
leave from the date of admission
(2) Admission in ICU/CCU – three (3) consecutive days of leave
from the date of admission
(c) Death of the employee’s closest family member:
(1) Three (3) consecutive working days of leave from the day of
passing –provided distance is less than 100km
(2) Four (4) consecutive working days of leave from the day
of passing –provided distance is more than 100km
(3) Five (5) consecutive working days of leave from the day
of passing – provided the employee is based in Peninsular
Malaysia and the funeral takes place at Sabah/Sarawak or vice versa.
(4) For death which occurs out of Malaysia, the Company shall
grant compassionate leave according to its discretion.
(d) In the event of natural disaster or fire that results in
damage to an employee’s residence, employees are entitled
to three (3) consecutive days of leave beginning from date of occurrence.
(ii) For the purpose of this Clause, an employee's closest family
member shall mean spouse, child, father, mother, brother, sister,
father-in-law, mother-in-law, grandfather and grandmother.
(iii) Employees are required to produce proof by way of relevant
documents relating to the application of compassionate leave,
immediately upon returning from leave, in accordance with this Clause.
(iv) “Consecutive Day” as mentioned in sub-clause (b)
and (d) of this Clause is inclusive of off day and rest day but
excludes public holidays.
(v) “Consecutive Working Days” as mentioned in this Clause
excludes annual leave. If compassionate leave is granted on a day
on which the employee is on annual leave, the annual leave shall be
cancelled and added back into the employee’s annual leave entitlement.
(vi) Compassionate leave may not be accumulated from year to year.
CLAUSE 26 - MEDICAL BENEFITS
(i) Except as otherwise provided herein, every employee shall in
the event of his injury or sickness, be entitled, at the expense of the
Company, to the following medical benefits as necessary:
(a) consultation with the Company's doctor (who shall be a registered medical
practitioner or firm of such practitioners appointed by the Company) and with such
other qualified person, including a registered dental practitioner, as the Company's
doctor may advise;
(b) treatment including treatment in a Second Class Ward in a Government/Semi
Government hospital and medicines as may be prescribed by the Company's doctor
or such other qualified person;
(c) hospital accommodation for a period not exceeding in
the aggregate thirty-six (36) days in each year in a Second Class Ward
in a Government/Semi Government hospital while he is on sick leave
on full salary as may be prescribed by the Company's doctor or such
other qualified person as recommended by the Company's doctor;
(d) sick leave on full salary for period not exceeding in the aggregate:
(1) twenty-four (24) days in each year if no hospitalisation is necessary, or
(2) sixty (60) days in each year if hospitalisation is necessary,
as may be prescribed by the Company's doctor;
PROVIDED that if an employee is hospitalised for thirty-six (36)
days or less in one year, his entitlement to sick leave on full salary
for that year shall not exceed the aggregate of twenty-
four (24) days plus the number of days on which he is hospitalised;
AND PROVIDED further that if an employee is certified by a
medical practitioner or the Company's doctor or medical officer
to be ill enough to need to be hospitalised but is not
hospitalised for any reason whatsoever, the employee shall be
deemed to be hospitalised for the purpose of this
(ii) In the event of an emergency, any nearby registered medical
practitioner may, when the Company's doctor is not available, act in
place of the Company's doctor for the purposes
mentioned in paragraphs (a), (b) and (c) of sub-clause (i) of this Clause;
PROVIDED that as soon as the Company's doctor becomes available,
an employee shall immediately inform him or cause him to be informed
of any medical benefit received from the registered medical practitioner
under this sub-clause and shall, at the earliest opportunity, present
himself to the Company's doctor for medical examination.
(iii) The Company shall not be liable to bear any expenses incurred in respect of:
(a) injury or sickness which is self-inflicted or caused or aggravated by misconduct,
deliberate act, neglect, intentional exposure to hazardous activity or the excessive
use of alcohol or drugs.
(b) appliances including medical and surgical appliances, spectacles [other than the
provisions contained in Clause 44 (ii)], dentures and artificial limbs.
(iv) The word "neglect" in sub-clause (iii)(a) is to be given its usual
legal connotation. By way of example, where an employee neglects
to follow the advice of the Company's doctor or neglects to use the
prescribed safety device, he will be held to have been
neglectful within the meaning of Clause 26(iii)(a).
(v) Notwithstanding the provisions of sub-clause (iii)(a) of this Clause,
the Company shall provide free medical attention to employees
who are on Company's assignments to cover any hazardous events.
(vi) The provisions of this Clause shall not apply to an employee
whose physical fitness has been the subject of an unfavourable
prognosis by the Company's doctor and to the extent
agreed as a condition of his employment between the Company
and such employees.
(vii) With regard to dental treatment, the Company shall
only bear expenses in connection with:
(a) normal extraction and amalgam fillings.
(b) root canal treatment subject to a maximum of RM500.00 per annum.
CLAUSE 27 - MARRIAGE LEAVE
An employee who is confirmed in his employment shall be
entitled to seven (7) days marriage leave on full salary on the occasion
of his first legal marriage.
CLAUSE 28 - MATERNITY LEAVE
(i) Maternity leave and maternity benefits shall be in accordance
with the provisions of Part IX of the Employment Act, 1955.
(ii) Notwithstanding sub-clause (i) above, the Company shall grant
maternity leave to a female employee on full salary for a period not
exceeding ninety (90) consecutive days including off days, rest days,
public holidays and any other extraordinarily gazetted
public holidays and shall be limited to five (5) deliveries only.
(iii) A female employee shall be entitled to a reimbursement of:
(a) RM1,200.00 per normal delivery,
(b) RM1,700.00 per delivery through Caesarean section,
subject to five (5) deliveries in aggregate.
CLAUSE 29 - PROLONGED ILLNESS LEAVE
(i) Every employee who has not less than two year's continuous employment with the
Company shall be entitled, in the event that he suffers from prolonged illness such as
tuberculosis, cancer, HIV/AIDS, leukaemia, stroke, and on the condition
that, in the opinion of any specialist in such illness to whom he is referred
by a designated doctor appointed by the Company, he has ample chance of
recovery, to prolonged illness leave as may be certified by the designated
Company's doctor.
(ii) Prolonged illness leave shall not exceed fifteen (15) months;
the first nine (9) months being on full salary, the second three (3) months
on half salary and the third three (3) months on quarter salary.
(iii) If an employee suffers from a prolonged illness as mentioned in
sub-clause (i) which is certified by a designated doctor who is appointed
by the Company and is on sick leave for a continuous period of fifteen
(15) months, he or she shall be referred to the SOCSO for further action.
(iv) The provisions of Clause 26 hereof and save as is otherwise
provided by Part IX of the Employment Act, 1955, the provisions of
Clause 26 hereof shall not apply to an employee while he is on prolonged
illness leave.
(v) No employee shall be entitled to prolonged illness leave in
respect of illness or disablement arising from attempted suicide or
self-inflicted injury, injury sustained from accidents caused by drink
driving, the performance of any unlawful act, participation in any
hazardous activities, provoked assault, the use of drugs that are
not medically prescribed,alcohol or illegal abortive measure or any breach
of the peace or disorderly conduct and plastic surgery for beautification
purposes, except when endeavouring to save human life.
CLAUSE 30 - TRANSPORT ALLOWANCE
(i) Every employee who is required to travel regularly on the Company's
business shall be entitled to receive a fixed transport allowance as full
compensation for all claims in respect of such travel within a radius
of 25 kilometres of his office, if he uses a motorcar. For those
using other means of conveyance, the radius shall be 16 kilometres
of his office.
(ii) The said transport allowance shall be paid while the employee
is on sick leave or on annual leave not longer than half a month.
(iii) The rates of transport allowance shall be:
(a) For an employee who is in possession of a motorcar
and is utilising it on the Company's business, an amount of RM315.00
and a sum equivalent to 240 litres of petrol per month.
(b) For an employee who is in possession of a motorcycle
or motor-scooter and is utilising it on the Company's business,
an amount of RM160.00 and a sum equivalent to 146 litres of petrol per month.
(c) RM590.00 per month for any other entitled employee who
finds his own means of conveyance for travel on the Company's
business but is not in possession of a motorcar or motorcycle or
motor-scooter which he is utilising on the Company's business.
(iv) For journeys on duty beyond the aforesaid 25-kilometre radius
for motorcars and 16- kilometre radius for other means of conveyance,
an employee shall be paid at the rate of sixty five (65) sen for each
kilometre actually travelled by him in his own car, or at the rate
of fifty (50) sen for each kilometre actually travelled by him
using a motorcycle or motor-scooter or shall, if required to travel
by any other mode of conveyance, be reimbursed the
reasonable expenses actually so incurred by him.
(v) An employee who is required to travel on the Company's business
but does not receive a fixed transport allowance as per sub-clause (i) of this
Clause, shall be paid at the rate of seventy five (75) sen for each kilometre
actually travelled by him in his own motorcar from
the office or home, whichever is applicable or at the rate of sixty (60) sen
for each kilometre actually travelled by him using a motorcycle
or motor-scooter from the office or home, whichever is applicable.
(vi) The Company shall reimburse an employee:
(a) Motorcar parking fees incurred while on official duty up to a maximum of
RM200.00 per month and on the production of official receipts, or contact
reports in areas where no official receipts are available or RM150.00 per
month without the production of official receipts or contact reports, provided
he is not on annual leave, compassionate leave, sick leave, unpaid leave or
any other leave granted by the Company for more than half (1⁄2) a month.
(b) Motorcycle/motor-scooter parking fees incurred while on official duty and on
the production of official receipts or contact reports.
(vii) Toll charges are to be excluded from motorcar parking fees and
are to be claimed only while on official duty and on the
production of official receipts.
(viii) Apart from the rates provided for in Clause 30(iii), all photographers
and crime reporters shall be paid, provided they are not on sick leave
or annual leave for more than half a month, an additional transport
allowance of RM60.00 per month.
CLAUSE 31 - SUBSISTENCE ALLOWANCE
(i) The Company shall reimburse an employee when he is required to travel and perform
work at a station more than 32 kilometres away from his home station in Peninsular
Malaysia, as follows:
(a) reasonable expenses actually incurred for accommodation if necessary;
(b) an allowance of RM35.00 if he is required to be on duty for less than 10 hours
continuously (including travel time);
(c) an allowance of RM70.00 if he is required to be on duty for 10 hours continuously
(including travel time) or more. The midnight cut-off point shall be applicable, where
relevant to determine whether the rate payable is as per sub-clause (i)(b) or (c) [see
Appendix A];
(d) an allowance of RM80.00 per day apart from subsistence allowance if he chooses
not to seek hotel accommodation for whatever reasons or is unable to obtain hotel
accommodation; and
(e) reasonable laundry charges actually incurred where he remains away
from his home station for not less than three (3) days.
from his home station for not less than three (3) days.
(ii) The Company shall reimburse an employee when he is required to travel
and perform work in:
and perform work in:
(a) Sabah or Sarawak:
- with a day allowance of RM40.00 per day if he is not required to pass the night
away on Company's business.
- with a subsistence allowance of RM80.00 per day if he is required to pass the
night or nights away on Company's business.
(b) Singapore:
- with a day allowance of S$40.00 per day if he is not required to pass the night
away on Company's business.
- with a subsistence allowance of S$80.00 per day if he is required to pass the
night or nights away on Company's business.
CLAUSE 32 - TIME-OFF FOR STUDIES
(i) The Company shall give sympathetic consideration to the release
of an employee on full pay leave who is nominated and accepted
by the Government, the Malaysian Trade Union
Congress or the Union to attend a course of study or a conference
approved by the Ministry of Human Resources.
(ii) The Company shall give due consideration to the
release of employees wanting to further their studies
locally or abroad on their own.
CLAUSE 33 - TIME-OFF OR LEAVE ON UNION BUSINESS
Time-off or leave on Union business shall be in accordance with the provision of
Section 6 of the Industrial Relations Act, 1967.
No comments:
Post a Comment