Can An Employee Be Ordered To Work Overtime? - Labour Law Blog

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Mar 11, 2015

Can An Employee Be Ordered To Work Overtime?


Employees within the scope of the Employment Act generally cannot be ordered to work overtime, i.e. beyond the normal hours of work stated in their terms and conditions of employment. However, there are some exceptional situations where the employer does have the right to order employees to work overtime. These include: 
  • Employees who work in the Essential Services which include banking, transport, medical services, utilities such as electricity, water and gas, supply and production of petroleum. The full list of Essential Services is found in the Industrial Relations Act 1967. 
  • Situations where an accident has taken place at the workplace or where an accident is likely to take place. 
  • If urgent maintenance is needed to machinery or plant 
  • If there has been an unforeseen interruption at work 

Are employees earning more than RM2,000 per month entitled to overtime payment?

An employee who is not within the scope of the Employment Act is only entitled to overtime payment if his terms and conditions of employment provide this benefit. If an employer chooses to make overtime payments to employees outside the scope of the Act, the rate of payment is at the discretion of the employer.

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