OVERTIME:
7. The basic pay per month without O.T…………………. If the Employee works more than eight (8) hours on any working day, he will receive overtime allowance payment at the rate of time and a half of ordinary time. The Employee may only be asked to work overtime with his consent and shall not be permitted to work overtime for more than two hours in any period of twenty-four hours.
8. (a) The Employee will be entitled to one day’s rest in each week, normally on Sunday. In the event of his working shift, the Employee will agree to take his rest period on any day of the week , provided he is not required to work for a longer period than six consecutive days without a rest day.
(b) The Employee will be entitled to ten (10) paid holidays in each year, which be either public holidays peculiar to the employee’s race. The ten paid holiday are :
- Labour Day
- National Day
- Yang Di-Pertuan Agung’s Birthday
- Federal Territory Day
- Chinese New Year
- Hari Raya Puasa
- Deepavali
- Christmas
- Awl Muharam
- New Year
(c) In the event of any Employee, not on shift work, being asked to work, on Sunday or on any paid holiday, he will be entitled to be paid at one and half and double rates respectively, for the period of work.
Rate of O.T. after 8 hours : RM………..
Saturday : RM………..
Sunday : RM………..
INTERRUPTION TO WORK
9. If on any working day for any reason outside the Employee’s control the Employer is unable to provide work, and Employee attends for work at the place of employment, the Employee will receive wages as if he had worked for the period required on that day. If the Employee fails to attend at the work place without a proper excuse, he will not receive wages for the period of his absence. No monitory fine or deduction will be made in employee’s salary.
( Notes: Clauses 6 to 9 do not apply to Domestic Helpers, Cooks, Temple Priests & Musicians ).
PASSAGE
10. (a) The Employer will provide the Employee with free air passage from India to Malaysia. Likewise the Employee will receive free return air passage on the expiration of the contract. The Employee must be prepared to travel by air as the Employer shall direct.
(b) Should the Employee be unavoidably delayed in Malaysia after the termination or expiry of the contract will continue to receive his wages pro rate until the day on which he embarks for.
(c) Should the Employee fail to fulfill the expectation of the employer, his salary shall not be reduced or deducted in any way. The Employer will provide the return air ticket for this repatriation after settling the dues, if any.
TRAVEL DOCUMENT AND MEDICAL EXAMINATION
11. (a) The Employer will undertake to obtain on the Employee’s behalf all necessary travel document free of charge to the Employee and will further arrange for the Employee to be examined free of charge by a Registered Medical Practitioner.
(b) The Employer / Company shall undertake to renew the work permit in time.
(c) The Employer will undertake to apply for worker’s pass from the Immigration to enable the Employee to travel freely in the vicinity area – place of stay.
(d) In the event of detention of the employee by the Immigration/police for whatsoever reasons, the employer shall arrange release of said employee and continue to employ. In case the employee is unable to be taken back for work, the employer shall arrange repatriation at his own cost.
(e) The Employer will not engage any agent to renew the passport/work permits of the employees. The Employer or and authorized officer of the organization will undertake all the necessary steps for this purpose.
(f) The Employee recruited will be received by the Employer on arrival at the airport.
ILLNESS OR ACCIDENT INSURANCE
12. (a) The employee will be insured for minimum RM 20,000/- against sudden death on his joining duties in Malaysia. Letters in respect of Workmen’s Compensation Insurance and Company’s Group Insurance are attached herewith.
(b) The employee will be insured for Hospitalisation/Medical treatment expenses.
(c) In the event of any illness or accident arising out in the course of his employment, the Employee will be paid compensation on terms not less favourable than those provided under Malaysian Employment Act, 1955 and the Company’s Group Personal Accident Policy.
(d) In the event of any illness or accident not attributable to his employment and provided the Employee immediately informs the Employer’ Medical Practitioner, the Employee will be provided with free medical and hospital attention by the Employer. Full Wages will be paid for the first month of incapacitation and half wages for the next month. Subsequently, free medical and hospital attention will continue, but no wages will be paid.
(e) The Employer will ensure security of the workers in the workplace and in the hostel.
(f) If any Employee dies in harness, the Employer will arrange repatriation of the dead body and will pay compensation as laid down in Foreign Workers Compensation Scheme.
MEDICAL AND ACCOMODATION / LEVY & WORK PASS
13. The Employer shall provide to the Employee, during the term of service the following :
(a) Free medical attention
(b) Free accommodation - the accommodation should contain at the minimum, cot with mattress, locker facilities and other basic amenities including convenient and sufficient toilet facilities.
(c) The charges for work pass and levy will be borne Fully by the Employer and he will not deduct from the wages/salary of the employee.
(d) The premium of Bank Guarantee given by the Employer to the Immigration shall not be deducted from the wages/salaries of the employee.
(d) Free transportation from the place of residence to work place and back.
REMITTANCES
14. The Employer will provide free of charge, facilities for the Employee to make remittances to his/her family of dependants in India.
FAMILY
15. Nothing in the terms of this Contract will be construed as permitting the Employee to bring his family to Malaysia.
TERMINATION
16. (a) In the event of the Employer wishing to terminate this Contract, he shall give one month’s notice or one month’s wages in lieu of notice to the Employee, and shall provide free return air passage to India.
(b) In the event of the Employee wishing to terminate this Contract, he shall give one month’s notice or forfeit one month’s wages in lieu thereof to the Employer. In this event, he will be entitled to receive from the Employer the cost of return air passage and the salary till the date employee is repatriated.
(c) Even if any employee is terminated on health/disciplinary ground, he will be repatriated on the expenses of the employer.
(d) The Employer has to ensure repatriation of sick/disabled workers whatsoever may be the cause of disability/sickness at the expenses of the company.
(e) The employer shall complete the formalities for release of EPF to the employee besides settling all payments due. The employee shall be allowed to stay in the accommodation till the date of his repatriation.
EXTENSION
17. Should the Employer and the Employee wish to extend the duration of this Contract for further 1 year, they may do so provided the Emigration Authorities of India and Malaysia do not require the Employee to return to India prior to the extension taking place.
VARIATION
18. Any variation or addition / deletion to the terms of this Contract during its normal duration will be made only with the consent of the competent authority in India/ the High Commission of India, Kuala Lumpur.
LAWS
19. The Employee, during the course of this Contract, will be subject to the laws of Malaysia.
SIGNING OF THE CONTRACT
20. (a) This Contract will be signed in Malaysia by the Employer in Indian High Commission and by the Employee in India before the Protector of Emigrants’ the competent authority to whom all complaints concerning the execution of this Contract should be made.
(b) The Employer will not enter into any other agreement with the Employee other than approved. Employer will provide copy of Collective Trade Agreement with Trade Unions, if any.
(c) The Employer accede to the request of the Mission officials to visit the workplaces and workers hostel with prior information to look into the welfare of the Indian workers.
COMPLAINTS
21. (a) All complaints concerning the terms of this Contract must be made before the Labour Department of the concerned state and copy to Directorate of Labour, Kuala Lumpur and the High Commission of India, Kuala Lumpur.
(b) The employer shall not keep the passport of the employee in his custody without the consent of the employee.
(c) The employer shall not resort to any vindictive/dilatory action against the employee and shall not use violence or coercion against the employee.
(d) The Employer agree that in the event of failure to comply with the above, the aggrieved worker may seek redress from the relevant authorities in Malaysia.
REGISTRATION WITH THE HIGH COMMISSION OF INDIA, KUALA LUMPUR
22. The employer will register the employee with the High Commission of India in Kuala Lumpur within 10 days of the arrival of the employee in Malaysia.
INTERPRETATION
23. In the interpretation of this Agreement only the English text will be accepted.
AS WITNESS the hands of the parties hereto the day and year first above written. |
