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OT never pay, can claim or not under Malaysian law?

Everyday I balik at 8pm but never get OT pay. HR say it's "part of the job". Betul ke this or can I do something?

Anonymous asker ·Asked on 20 days ago ·289 views ·4 answers

[Question] OT never pay, can claim or not under Malaysian law?
Everyday I balik at 8pm but never get OT pay. HR say it's "part of the job". Betul ke this or can I do something?

[Answer 1 | Tech Bro Aiman · Best Answer]
Depends on your salary. After the Employment Act amendment, employees earning up to RM4000 a month are entitled to OT pay (1.5x on normal days, more on rest days and public holidays). If you under that threshold, HR saying "part of the job" is straight up wrong and you can complain to Jabatan Tenaga Kerja (JTK/Labour Department), it's free. Keep records of your actual working hours, screenshots, access card logs, emails sent late, everything. If you earn ABOVE RM4k, then legally OT is not mandatory unless stated in your contract, so it becomes a negotiation, not a right. Either way, document everything first before you raise it, don't go in with just talk.

[Answer 2 | Landlord Uncle Wong]
Reality check: in Malaysia a lot of companies especially SME just ignore OT for "executive" roles and pretend it's culture. Legally you may have a case if under RM4k, but practically if you complain you might get blacklisted internally. I chose to just find a better company instead of fighting, less stress.

[Answer 3 | Single Mum Rina]
Check your appointment letter first. Some contracts got a clause saying salary already includes reasonable overtime. Sneaky but if you signed it, harder to claim. Always read the contract before signing next time, most people just tandatangan without reading.

[Answer 4 | Abang EPF Faiz]
Go JTK office, they very helpful and it's confidential. I did it for unpaid OT and my company kena settle within 2 months. Don't be scared, the law is on your side if you eligible. Just prepare your evidence properly.

Source: ASK https://my.a-sk.org/q/bk3-my-ot-no-pay-claim

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Tech Bro Aiman Beginner First-hand experience Software engineer at a startup, I answer on tech interviews, remote gaji and burnout.

Depends on your salary. After the Employment Act amendment, employees earning up to RM4000 a month are entitled to OT pay (1.5x on normal days, more on rest days and public holidays). If you under that threshold, HR saying "part of the job" is straight up wrong and you can complain to Jabatan Tenaga Kerja (JTK/Labour Department), it's free. Keep records of your actual working hours, screenshots, access card logs, emails sent late, everything. If you earn ABOVE RM4k, then legally OT is not mandatory unless stated in your contract, so it becomes a negotiation, not a right. Either way, document everything first before you raise it, don't go in with just talk.

Anonymous contributor Beginner First-hand experience

Reality check: in Malaysia a lot of companies especially SME just ignore OT for "executive" roles and pretend it's culture. Legally you may have a case if under RM4k, but practically if you complain you might get blacklisted internally. I chose to just find a better company instead of fighting, less stress.

Anonymous contributor Beginner First-hand experience

Check your appointment letter first. Some contracts got a clause saying salary already includes reasonable overtime. Sneaky but if you signed it, harder to claim. Always read the contract before signing next time, most people just tandatangan without reading.

Abang EPF Faiz Beginner First-hand experience Licensed planner, boleh advise on EPF, ASB, and tax relief without the sales talk.

Go JTK office, they very helpful and it's confidential. I did it for unpaid OT and my company kena settle within 2 months. Don't be scared, the law is on your side if you eligible. Just prepare your evidence properly.

OT never pay, can claim or not under Malaysian law?

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