Company make me OT until late but no OT pay, is this legal?

Question

I am executive level, basic RM3800. Everyday stay back until 8-9pm but company say executive no OT claim. Is this legal in Malaysia? Feel like being taken advantage of.

Startup Founder Hakim · Accepted Answer

Actually the law changed and more people are covered now. Under the Employment Act (after the 2023 amendment), ALL employees are covered by the Act, but the OT and overtime provisions specifically apply to those earning RM4000 and below monthly wages. Since your basic is RM3800, you may actually be entitled to OT pay for work beyond normal hours, at 1.5x rate on normal days. Many companies still tell staff "executive no OT" but that is not automatically true if you are below the wage threshold. Check with the Labour Department (Jabatan Tenaga Kerja) or file an inquiry, it is free. Keep records of your working hours as proof. Dont just accept what HR says, they are hoping you dont know your rights.

Uncle Civil Servant Rahman · Answer

The RM4000 threshold is the key thing many people dont know. When I was earning RM3600 my company also claimed I am not eligible, I checked with a friend in HR consultancy and turns out I was entitled. But honestly, claiming against your current employer while still working there is awkward and can sour the relationship. I used the knowledge as leverage during my next salary review instead. Know your rights but pick your battles.

Abang EPF Faiz · Answer

Start tracking your hours quietly in a notebook or app, date and time in/out. If you ever escalate to Labour Dept you need evidence. Also this record is useful for yourself to see how bad it really is. When I did this I realised I was doing 20+ hours unpaid OT a week, that woke me up to leave.

Civil Servant Encik Azman · Answer

Legality aside, staying until 9pm every day is a culture problem. That is not sustainable and it is a sign of poor management or understaffing. Even if they legally can avoid OT once you cross RM4000, ask yourself if you want to spend your life like this. I left a place like that, the "hardworking" culture was just chronic bad planning.

Company make me OT until late but no OT pay, is this legal?

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