Friday, May 4, 2012
MEF Arahkan Majikan masukkan elaun ke dalam kiraan Gaji Minima!
HANCURLAH HARAPAN PEKERJA untuk menikmati Gaji Minima apabila Elaun dimasukkan ke dalam kiraa............
a) Overtime Meal Allowance
b) Shift Allowance
c) Night Shift Meal Allowance
d) Petrol Allowance
e) Outstation Overnight Allowance
f) Laundry Allowance
g) Vehicle Wash Allowance
h) Acting Allowance
MEF circular on Minimum Wage
Circular No: AG 05/2012
2 May 2012
To : ALL MEF MEMBERS
Announcement of National Minimum Wages Rates for the Private Sector
1. The Prime Minister YAB Datuk Seri Najib Abdul Razak announced the rates of
national minimum wages on 30th April 2012. The minimum wages shall be as
follows:
Peninsular Malaysia - RM900.00
Sabah, Sarawak and Federal Territory of Labuan - RM800.00.
2. Minimum wages under the National Minimum Wages Consultative Act 2011 is
defined as basic wages determined under Section 23 of the Act.
3. However, for the purposes of implementing minimum wages, payments in cash
and cash incentives paid to the employees, the definition of wages under
Section 2 of the Employment Act 1955 may be converted to be part of the
minimum basic wages.
4. In determining what allowances that may be converted into basic wages,
members should be guided by the Industrial Court Award in the case of
Rothmans of Pall Mall (Malaysia) Bhd. v. Rothmans Employees’ Union (Award
97 of 1996) (a copy of the Award No. 97/96 is enclosed) where the Court decided
that the following allowances are within the definition as wages under Section 2
of the Employment Act 1955:
a) Overtime Meal Allowance
b) Shift Allowance
c) Night Shift Meal Allowance
d) Petrol Allowance
e) Outstation Overnight Allowance
f) Laundry Allowance
g) Vehicle Wash Allowance
h) Acting Allowance
(Please note that the above list is not exhaustive and may include other cash
allowances and incentive payments)
5. Members are also advised that travelling allowance is not part of wages, under
the definition of wages under Section 2 of the Employment Act 1955. However,
employers may with the consent of the employees convert the said travelling
allowance to be part of basic minimum wages.
6. Please be advised that the implementation of minimum wages would only take
effect 6 months (12 months for micro enterprises) from the date the Order is
gazetted by the Minister of Human Resources.
7. In the event an employer is unable to implement the minimum wages within
the time frame as stated above, the employer may apply to the National
Wages Consultative Council (NWCC) within 6 months from the date of gazette
to review the implementation date of the minimum wages.
8. Please be informed hotels may convert part or all of the service charges to be
part of basic salary in order to arrive at the minimum wages of
RM900.00/RM800.00.
9. For the plantation industry, the RM200.00 which was paid as part of gratuitous
payment may be converted as part of the minimum wages requirement.
10. Those exempted from the ruling on minimum wages include Trainees,
Apprentices, and Domestic Servants.
11. Please be advised that foreign workers legally working in the country shall be
covered by the minimum wages requirement.
12. Further advice on the above will be issued from time to time especially when
the Minister of Human Resources gazettes the Order on National Minimum
Wages.
Thank you.
Hj Shamsuddin Bardan
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This is ridiculous, the whole purpose of minimum wage is that it is the wage that workers' can just can get by, which they can't even get by with present RM900 and to add salt to injury to include allowances into the minimum wage is very very unfair.
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