Kelly Chong's avatar'
Kelly Chong4 tahun yang lepasAbout Salary & Benefits

Under situation of Force Majeure, can we ask staff to take leave(annual or unpaid) since Akta Kerja 1955 has no mentioned anything ? Can we list down pay-cut condition into Staff Manual and not against Akta at the same time?

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Indra's avatar'
Indra5 tahun yang lepas
This is an ambiguous topic. Perhaps a fuzzy one. But I can safely say, the company cannot invoke the FM clause on an employee. Because employees are covered under EA. Unless the EA is revised to include FM situations, then yes. So for now, go on the basis no work no pay. If the company is unable to provide work (for reason beyond it’s control such as Covid), the the employee will not be paid. Inserting a pay cut condition in the company policy (right term is salary reduction) is not right. Companies should not to over/too ambitious to this extent. I hope your company can look beyond polices when preparing for future uncertainties.
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