Are drivers entitled to overtime (OT) payments? 

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Recently, I’ve been receiving this question over and over again. Do you pay your drivers (company or personal) overtime payments – or even if you do, have you ever wondered whether you are legally obligated to do so?


Think about it, the Employment Act 1955 clearly specifies that the normal hours of work of an employee should not exceed 8 hours per day. The maximum permitted hours, including overtime is capped at 12 hours per day. Now, assuming your driver starts his day at 7am and continues until after dinner, say at 9pm, (or say he travels outstation with you) he would’ve worked beyond 12 hours that day. If you are having this as your normal practice, would you be in breach of the laws?
To get you thinking, I’ve constructed a few questions:

  1. Would a driver be protected by the Employment Act 1955 even if his salary exceeds RM2000 per month?
  2. Can a driver fall within he meaning of a ‘domestic servant’ under s2 of the Employment Act?
  3. Is your driver constantly on standby mode – or does he have in between functions?
  4. If you are paying your driver OT, are you paying based on his ‘wages x 1.5’ for a normal day’s OT or are you capping it at a certain fixed amount?

Still don’t have a clue?

If you have a burning desire to find out my way of interpreting this, drop me a note at victor@meca.com.my

Happy reading!