Saturday, May 5, 2012

MEF Arahkan Majikan masukkan elaun ke dalam kiraan Gaji Minima!

HANCURLAH HARAPAN PEKERJA untuk menikmati Gaji Minima apabila Elaun dimasukkan ke dalam kiraan............


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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