MEMORANDUM OF AGREEMENT
SARAWAK COMMERCIAL BANKS' ASSOCIATION - SCBA
SARAWAK BANK EMPLOYEES'
UNION - SBEU
(Effective from 1st January 2009)
A R T I C L E S
ARTICLE 1 - PARTIES
The parties bound
by this Agreement are THE SARAWAK COMMERCIAL BANKS' ASSOCIATION, a
trade union of employers registered under the Trade Unions Act,
l959, and having its registered office at Bank Bumiputra Malaysia
Berhad, Suite 401, Tingkat 4, Bangunan MAS, Jalan Song Thian Cheok,
93100 Kuching, Sarawak (hereinafter referred to as "the
Association") and its member BANKS and FINANCE COMPANIES which have
accorded recognition to the Union (hereinafter referred to as "the
Bank" or "the Banks" when collectively referred to) of the one part
and the SARAWAK BANK EMPLOYEES' UNION, a trade union of employees
registered under the Trade Unions Act, l959, and having its
registered Head Office at 2nd Floor, Lot 79 Block B, Queen’s Court,
Jalan Wan Alwi, 93350 Kuching, Sarawak (hereinafter referred to as
"the Union") of the other part.
It shall be an
implied term of the contract of service between the Bank and its
employees in the Non-Clerical, General Clerical, and Special Grade
Clerical categories (hereinafter referred to as "the employees")
that the rates of salaries to be paid and the conditions of
employment to be observed under the contract shall be in accordance
with this Agreement.
- The Bank shall furnish every
employee with a copy of this Agreement.
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ARTICLE 2 - EFFECTIVE DATE AND DURATION
This Agreement shall be
deemed to have come into effect on 01 January 2012 and shall continue to
remain in force until 31 December 2014 and thereafter, until superseded
by a new Agreement.
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ARTICLE 3 - MODIFICATION AND TERMINATION
During the period of this Agreement, neither the
Association nor the Union shall seek to alter, modify, annul or add
to any of its provisions in any way whatsoever, except by mutual
agreement between the parties.
Should any new legislation
supersede, vary, repeal or add to any of the provisions of this
Agreement, then the relevant provisions of this Agreement shall be
amended accordingly. However, if the benefits contained in this
Agreement are more favourable, they will continue to apply, if so
permitted by law.
Any variation of
this Agreement between the parties shall be jointly deposited by the
parties with the Registrar of Industrial Court within thirty (30)
days from the date on which the agreement has been entered into:
PROVIDED THAT the variation agreement shall not take effect
until cognizance has been taken by the Industrial Court. Any such
variation agreement of which the Industrial Court has taken
cognizance shall be binding on the parties from such date and for
such period as may be specified therein, but no such period shall
commence earlier than the effective date of this Agreement.
Either party may serve on the other six (6)
months' notice in writing, together with proposals to negotiate a
new agreement, but no such notice shall be given before 1st July
2014. Negotiation shall commence not later than thirty (30) days
from the date of receipt of such notice and proposals.
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ARTICLE 4 - SETTLEMENT OF DISPUTES
Recognising the value and importance of full discussion in clearing
up misunderstanding and preserving harmonious relations, every
reasonable effort shall be made both by the Union and the
Association to dispose off any complaint or grievance from employees
at the lowest possible level.
The procedure to
be followed in processing any complaint or grievance concerning an
individual employee shall be as follows:
(a) Complaint or Grievance at Office Level
(i) If an
employee has a complaint or grievance, he may present it in the
Grievance Information Form within seven (7) days to his immediate
superior. For this purpose he may, if he so wishes, be accompanied
by a member of the Inter-Relations Committee in the Bank :
PROVIDED THAT if the complaint or grievance is of a common nature
involving more than one employee, then one "Grievance Information
Form" setting out the details of such common complaint/grievance
signed by the affected employees, may be presented to their
Grievance Procedure is set into motion only when an employee
completes the Grievance Information Form. Complaint or Grievance
made verbally by an employee shall not constitute "complaint" or
"grievance" as envisaged under Article 4(2).
Dispute at Office Level
(i) If a
complaint or grievance so presented by the employee is not resolved
within a period of seven (7) days after it has been brought up, a
dispute shall be deemed to have arisen. It shall then be brought up
for discussion at a formal meeting between the Inter-Relations
Committee and the Bank with a view to reaching settlement.
parties shall, by mutual arrangement, meet as soon as possible,
normally not later than seven (7) days after receipt of verbal or
written request from either side, and on as many occasions as they
deem desirable. They shall keep jointly signed Minutes immediately
after each meeting. The Minutes shall set out as concisely as
possible the facts or circumstances of the dispute, the view points
of each party and the areas or points of agreement or disagreement.
Settlement of Dispute at Branch Level
(i) If any
dispute remains unsettled after a formal meeting or any subsequent
formal meeting at the Office Level, it shall, upon written notice
served by either party on the other, be deemed to have been referred
to the Union Branch Level for settlement. Meetings between the Bank
and the Union Branch shall take place not later than fourteen (14)
days after a request has been made by either side.
the purpose of joint meetings at Branch Level, the Bank may be
assisted by representatives of the Bank's Head Office and the Union
Branch by representatives of the Union Head Office:
PROVIDED ALWAYS THAT there shall not be
more than four (4) members on each side.
parties shall meet on as many occasions as they deem desirable and
they shall keep jointly signed Minutes immediately after each
Dispute at National Level
(i) If any
dispute remains unsettled after a joint meeting or any subsequent
joint meeting at Branch Level, it shall, upon written notice served
by either party on the other, be deemed to have been referred to the
Bank's Head Office and the Union Head Office for settlement at
the dispute still remains unsettled, it shall be referred, upon
written notice by either party, to the Standing Committee
established under Clause (4) of this Article.
(iii) If no
agreement is reached by the Standing Committee, the dispute shall be
referred to a third party to be mutually agreed upon, or the
Ministry of Human Resources, if necessary, for further assistance.
Rights of Parties
Pending Settlement of Dispute
Subject to the immediate requirements of the Bank's operations,
neither party shall take any unilateral action during the period the
complaint or grievance is being processed in accordance with the
procedure set out herein. The employee who carries out any order of
his superior, which is the subject-matter of the complaint or
grievance, shall be deemed to do so under protest until the dispute
is settled or arbitrated.
and/or Interpretation of Collective Agreement
Standing Committee consisting of not more than five (5)
representatives from the Association and five (5) members or four
(4) members and one (1) representative from the Union shall be
established. All questions and disputes connected with the
implementation and/or interpretation of this Collective Agreement
shall be dealt with by the Standing Committee. If it is still not
resolved, the dispute shall be referred to the Industrial Court for
SCBA/SBEU Standing Committee is the only body to deal with all
questions and disputes connected with the implementation and/or
interpretation of the Articles in this Collective Agreement. Any
doubts relating to the implementation and/or interpretation of any
Articles in the Agreement shall therefore be referred to the
Rights of Parties
To Invoke SCBA/SBEU Standing Committee
Any party may refer any dispute which is not covered under Clauses
(2) and (4) of this Article to the SCBA/SBEU Standing Committee.
Upon such reference, the Standing Committee shall be convened to
resolve the dispute. If it is still not resolved, the dispute shall
be referred to the Ministry of Human Resources.
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ARTICLE 5 - RECOGNITION OF THE BANK
Union shall recognise the right of the Bank to operate and manage its
business in all respects, subject to the provisions of any law for the
time being in force and the provisions of this Agreement.
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ARTICLE 6 - RECOGNITION OF THE UNION
Association and the Banks shall recognise the Union as the sole
negotiating body in respect of the employees, subject to the
provisions of any law for the time being in force and the provisions of
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ARTICLE 7 - LEAVE ON TRADE UNION BUSINESS
An employee intending to
carry out his duties or to exercise his right as an officer of a trade union
shall apply in writing to the Bank for leave of absence, stating the duration of
and the purposes for which such leave is applied for and the Bank shall grant
the application for leave if the duration of the leave applied for is for a
period that is no longer than what is reasonably required for the purposes
stated in the application:
PROVIDED THAT if time-off is granted, it
shall not exceed 2 hours otherwise it shall be treated as leave
granted on a half day or full day whichever the case may be
PROVIDED FURTHER THAT an employee shall not be entitled to leave
with pay for the duration of his absence if the purposes for
which he is absent from work are not to represent the members of
his trade union in relation to industrial matters concerning his
(b) Application for leave under this clause should be submitted
to the Bank according to each bank’s procedure at least 5
working days before for approval.
(c) Such approval should not be unreasonably withheld due to
emergency where the union is unable to comply with the notice
(d) For the purpose of this Article, “Officer of a trade union”
means “officer” as defined under the Trade Union Act, 1959.
(e) The Union shall provide a name list of its officers to SCBA
within 21 days upon signing of this Collective Agreement to
facilitate approval of trade union leave applications by member
banks. The Union shall notify SCBA within 21 days if there is
any update and change to the list of officers.
The Bank may grant to its
employees leave with full pay to attend trade union courses or conferences
Such leave shall not
exceed one week or the duration of the course or conference,
whichever is the shorter unless the applicant is the trainer
for the applicable period;
The number of employees
attending such a course or conference shall not be more than
one (1) from each Head Office Department or not more than
one (1) from each Bank Branch, subject to a maximum of four
(4) from each Bank;
Application for such leave
should be supported by a letter from only the Union Head
Office stating the title of the course or conference, its
objectives, duration and attach a copy of the course
Application shall reach
the bank not later than 5 working days from the commencement
date of the course or conference
For the purposes of this
Article, "officer of a trade union" means "officer" as defined under the Trade
Unions Act 1959.
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ARTICLE 8 - INTER-RELATIONS COMMITTEE
Inter-Relations Committee (IRC) comprising
representatives of employees in a Bank may be formed for the
purpose of fostering and maintaining good relations between
management and employees. For the purpose of this Clause, the
term "a Bank" refers to each Branch of the Bank, its Main
Office/Head Office. In cases where the Main Office and Head
Office are housed in the same building, there may be one (1) IRC
for both the Main Office and Head Office or two (2) IRCs, one
each for the Main Office and Head Office.
Meetings between the IRC and the Management may
be arranged at times which are mutually acceptable. At such
meetings, the IRC shall consist of not more than four (4)
The functions of the IRC shall be :-
To promote measures for securing and
preserving amity and good relations between employees and
To comment upon matters of common concern;
To reconcile differences of opinion on
matters under Clauses (3)(a) and (b) above.
A minimum of two (2) members of the IRC shall
represent employees in the Safety and Health Committee
established under the Occupational Safety and Health Act 1994.
Notwithstanding Clauses (1) and (3) above, the
IRC shall not make any claims outside the provisions of this
Collective Agreement nor shall the IRC perform the functions of
the Union as a negotiating body.
The Union shall provide a name
list of its IRC members to the bank within 21 days upon signing
of this collective agreement. The union shall notify the Bank
within 21 days if there is any update and change to the list of
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ARTICLE 9 - NOTICE BOARDS
The Union may, with
the prior approval of the Bank, use the Bank's Notice Boards that are
installed on the premises for transmitting information to employees.
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TERMS AND CONDITIONS OF EMPLOYMENT
ARTICLE 10 - PROBATION
The normal period of probation for
a new employee (hereinafter referred to as "the probationer") shall
not be more than six (6) months. Upon satisfactory completion of the
period of probation, the Bank shall, as soon thereafter, notify in
writing to the probationer that he is being confirmed in the
service. In the absence of such a notice, a probationer shall be
deemed to be confirmed in the service on completion of six (6)
months of probation from date of first appointment. The probationary
employment is subject to termination without assigning any reasons
thereof by either side giving twenty-four (24) hours' notice in
writing to the other.
The only other provisions of
this Collective Agreement that shall apply to a probationer are the following :-
- Article 15 -
- Article 19 -
Rates of Pay;
- Article 21 - Allowances;
Article 24 - Medical Benefits;
Article 26 - Rest Day
and Additional Rest Days on
Saturday of each Month;
Article 27 - Hours of Work;
Article 28 - Public Holidays;
Article 30 - Sick Leave;
Article 31 - Special Leave;
Article 33 - Interpretation;
Article 35 - Employment Injury.
Article 38 -
Suspension of Contract of Service.
Upon confirmation of a
probationer, his service with the Bank shall be deemed to have commenced from
the date of his first appointment as a probationer, and he shall be deemed to
have been emplaced on the salary structure/range applicable to confirmed
employees with effect from that date.
Upon confirmation, an employee
shall not be entitled to any immediate increase in salary and
shall continue to draw his commencing salary until he qualifies
to receive his first increment which shall not be earlier than
six (6) months but not later than twelve (12) months from the
date of first appointment in accordance with Article 11.
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ARTICLE 11 - ANNUAL INCREMENT
A confirmed employee shall be entitled to receive an
annual increment on the incremental date until he reaches the
maximum of his salary structure, unless his increment has been
deferred or stopped.
The quantum of annual increment is 5% of mid-point
of the respective salary range of the Non-Clerical, General Clerical
or Special Grade Clerical, as the case may be.
When an employee reaches the maximum of his salary
range as a result of the annual increment, the balance of the annual
increment times twelve (12) will be paid in a lump sum.
The incremental date of a confirmed employee first
appointed or promoted to the salary structure on or after 1st
January but not later than 30th June shall be 1st January of each
The incremental date of a
confirmed employee first appointed or promoted to the salary
structure on or after 1st July but not later than 31st December
shall be 1st July of each subsequent year.
For the purpose of this Article 11
(2), "salary structure" means the salary structure of the
Non-Clerical, General Clerical, or Special Grade Clerical structure,
as the case may be. Thus, where an employee was first appointed to
the Bank as a Non-Clerical on 1st January (incremental date 1st
January) and subsequently promoted to the General Clerical on 1st
July, his new incremental date will be 1st July; and if he is
subsequently promoted to the Special Grade Clerical on 1st January,
his new incremental date thereafter shall be 1st January.
Annual salary increments for
employees in the Performance Related Remuneration System (PRRS)
shall be in accordance with the bilateral agreement between the Bank
and the Union.
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ARTICLE 12 - NATIONAL SERVICE
Any period of
National Service undergone by an employee while in the employment of a
Bank shall count as continuous service with the Bank.
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ARTICLE 13 - DISABLED EMPLOYEES
Wherever possible, sympathetic consideration will be given to offer
employment involving suitable lighter duties to partially disabled
employees instead of retiring them from service. Such consideration will
be given solely on compassionate grounds and on the merits of each
individual case, and subject to such terms and conditions as may be
arranged between the Bank and the employee concerned.
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ARTICLE 14 - TEMPORARY EMPLOYEES
The Bank may appoint Temporary
employees in abnormal circumstances, such as those arising from
cases of increase in volume of work, sickness, maternity, leave
of absence without pay, or reorganisation. Such employment shall
be for a period not exceeding 12 months with an extension
of a period not exceeding 6 months. The Union shall be
informed of such an extension. In the absence of an agreement
between the Bank and the Union to the contrary, a temporary
employee upon completion of 18 months of continuous service
shall be deemed to be confirmed.
The only other provisions of this
Collective Agreement that shall apply to a temporary employee are the
Article 10(2) – Probation
(b) Article 15 –
(c) Article 21 –
(d) Article 19 –
Rates of Pay
(e) Article 24(1)(a) –
Medical Benefits (Outpatient Treatment for employee only)
(f) Article 26 – Rest Day
Rest Days on Saturday of each Month;
(g) Article 27 – Hours of Work
(h) Article 28 – Public
(i) Article 30 – Sick Leave
(j) Article 31 – Special Leave
(except Marriage Leave)
(k) Article 33 – Interpretation
(l) Article 35
– Employment Injury.
(J) Article 38
- Suspension of Service
Other than permanent or temporary or part-time
employees, all other forms of employment (including outsourcing)
shall require the prior consultation with the Union before
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ARTICLE 15 - TRANSFER
employees within the same city or town may be made by the Bank at
any time at its sole discretion.
Where it is necessary to transfer any employee to another city or
town, other than with the consent of such employee, such transfer
will not be carried out without the Bank giving sympathetic
consideration to cases where undue hardship will be caused:
PROVIDED THAT where the Bank is satisfied that undue hardship will
be caused, then the transfer of the employee concerned shall not be
carried out without the employee being given a reasonable period of
time to organise his affairs. The period of time allowed in such
cases shall not exceed three (3) months from the date of first
notification of the transfer.
The transfer of an employee or where consent is withheld shall not
adversely affect the employee's promotion prospects.
Employees who are transferred at the Bank’s
request, including employee who respond to the call of transfer will be eligible
for transfer benefits package (TBP) if the transfer is to a station which is
more than 50km from the employee’s current station.
- The transfer benefits package shall
include the following:
The bank will bear the cost of moving the employee’s personal
effects including the spouse and children. Employees shall be given three years
period to exercise his claims.
Accommodation in a Bank’s appointed hotel for
a specified number of days for the purpose of settling in.
Subsistence Allowance for the employee and spouse and children for a
specified number of days during the settling in period.
Monthly Housing Allowance provided the employee has not
been granted a staff housing loan to purchase a property
at the new station.
A Monthly Housing Allowance of RM400.00 per month for
employees who are married and RM300.00 per month for
employees who are single, for transfer more than 50 kms
provided the employee has not been granted a staff
housing loan to purchase a property at the new station.
This Housing Allowance will cease when the employee is
transferred back to his original station. The allowance
shall be effective from 1.1.2012 or from the date of
first transfer, whichever is the later.
Adequate notice of transfer be given.
Employee and spouse shall be entitled to visit new
location on one occasion prior to transfer once at
Unrecorded leave of not more than 3 days to attend to
matters related to transfer.
time transfer allowance to offset related transfer
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ARTICLE 16 - PROMOTION
- Suitable Non-Clerical employees
may be eligible for consideration for promotion to General Clerical vacancies if
the employees have the necessary experience and/or qualification.
- General Clerical employees
may be considered for promotion to the Special Grade Clerical, when a vacancy
exists in a senior post of responsibility.
For promotees to Special
Grade, the Bank may impose a probationary period of not less than three (3)
months but shall not exceed four (4) months. The Bank shall, as soon as
thereafter, notify in writing to the employee that he is being confirmed. In
the absence of such a notice, the employee shall be deemed to be confirmed. In
the event the employee is not confirmed in the Special Grade post, he shall be
reverted to his former position and salary as if he was not promoted.
- The determination of such posts, their responsibilities, the
allocation of duties, and the selection of employees for promotion shall be at
the discretion of the Bank.
- The Bank shall inform employees by
notification on Notice Boards in the Bank’s offices, or through
circulars or via electronic media which is accessible to
employees, any vacancy in grades immediately above that of the
- Notwithstanding the provisions of this
Article, the Bank may recruit from outside sources at its sole
discretion, having complied with Clause (4) above.
- Upon promotion to a higher position,
including a grade immediately above the present, the employee’s
salary shall be adjusted by an increase of not less than 10% of
his existing basic salary.
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ARTICLE 17 - EFFICIENCY AND DISCIPLINE
- The Bank may take
disciplinary action in the event of inefficiency, misconduct, or indiscipline as
Should the Bank consider an employee is
failing to carry out his duties efficiently, a warning letter will, after
investigation, be addressed to him. After three (3) such written warnings have
been issued at intervals of not less than three (3) months within a period of
not more than two (2) years, the Bank shall be entitled to dispense with the
services of the employee in question or alternatively to withhold any increment
for which the employee is eligible.
- Serious Misconduct or
Depending on the seriousness of the misconduct or
indiscipline, the Bank may either:-
- give the
employee a written warning; or
- suspend the
employee without pay for a period not exceeding seven (7) working days; or
- defer increment
for a period not exceeding six (6) months; or
- stop increment
for which the employee is eligible not exceeding two (2) years; or
- terminate the
services of the employee by giving one (1) month's notice or pay in lieu; or
- dismiss the
Before any disciplinary action is taken, the employee concerned
shall have the opportunity to be heard orally or in writing. Where
an oral inquiry is to be held, he may, if he so wishes, be
accompanied by a member of the Inter-Relations Committee, employed
by the Bank within the State where the misconduct has occurred, who
shall assist him at the Inquiry. The Bank’s decision shall be
notified to the employee in writing.
Where an inquiry is held other than in the base branch place of work
of the employee, transport and other expenses as a consequence of
the inquiry including witnesses, and Inter Relations Committee
representative and the employee shall be borne by the Bank.
However, if such arrangement is at the request of the employee, then
this provision shall not apply.
Written inquiry notes of a Domestic Inquiry shall be given to the
employee concerned at the close of the inquiry each day. However, if
the employee refuses to sign the Inquiry Notes, then it need not be
employee on whom any form of disciplinary punishment is imposed as
provided in this Article shall have the right of appeal to the
appropriate authority of the Bank within thirty (30) days from the
date of notification on person, or thirty (30) days from the date of
posting,whichever is the later.
- When action is
taken by the Bank against an employee under this Article, the employee cannot
invoke the Grievance Procedure under Article 4(2).
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ARTICLE 18 - TERMINATION OF EMPLOYMENT
Other than in cases of
termination arising out of or related to misconduct or in the case of
probationers who are new recruits, in a normal case either the Bank or confirmed
employee may, at any time, give thirty (30) days' notice to the other to
terminate employment. Such notice shall be in writing and the length of such
notice shall be the same for either side.
However, either the Bank or the
employee may, at any time, terminate employment without notice by paying the
other an indemnity equivalent to the period of notice or, if notice has already
been served, by paying an indemnity equivalent to the unexpired period of
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ARTICLE 19 - RATES OF PAY
The Bank shall pay every employee a monthly salary.
(2) Salary Structure
With effect from 1st January 2012, the salary
structure for :-
Employees shall be increased by
9% at the minimum and maximum respectively and shall be as
prescribed in the SALARY STRUCTURES, as per Appendix I.
- General Clerical; and
- Special Grade Clerical;
The basic salary of
Non-Clerical employees as at 31st December 2011 shall be
adjusted by an increase of 13% (inclusive of the 3% as
stated in the MOA [entitled “On Expanded Functions of
Non-Clericals and other Trade-Off considerations involving
Clerical and Special Grade Clerks”]) on 1st January 2012
until he reaches the maximum of his salary range as per the
examples in Appendix II.
- The basic salary of General
Clerical and Special Grade Clerks as at 31st December 2011
shall be adjusted by an increase of 10% on 1st January 2012
until he reaches the maximum of his salary range as per
examples in Appendix II.
Employees covered by this Agreement shall, during its currency,
be paid a monthly Sarawak Allowance at the rates paid by
Government as Regional Allowance in Sarawak as per the
examples in Appendix III. The present rates are as follows:-
RM951.35 – RM1,329.73
RM1,329.74 – RM2,015.73
RM2,015.74 – RM4,029.63
RM4,029.64 – RM6,289.13
(To the nearest Ringgit).
(b) When the Government changes its
rates of Regional Allowance in Sarawak, then the new rates, whether inferior or
superior to the above rates, shall be applied automatically from the effective
date of such change.
(c) In the event that the Government
abolishes and consolidates the Regional Allowance into salary, then both parties
will meet within fourteen (14) days to discuss the repercussions of such a
change, vis-à-vis their Basic Salary Structures/Range and Sarawak Allowance.
Pending the outcome of the meeting, the Bank will continue paying the rates of
pay as set out in Article 19 of this Agreement.
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ARTICLE 20 -
Bonus will be
determined at the discretion of the Banks taking into
consideration the performance of the Bank and the performance of
the employee. The performance of an employee will be assessed
using an open Performance Appraisal System.
employee is not satisfied with the job objectives, targets and
or performance rating and bonus payout, he may invoke the
Grievance Procedure under Article 4(2) (c) of this Collective
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ARTICLE 21 - ALLOWANCES
(1) When employees are required to travel for the performance of their
duties, the Bank shall, at its own discretion, determine the mode of transport
to be used by the employees for the travel. Employees who are required to use
their own means of transport in the performance of their duties shall be paid a
transport allowance at a rate not less than
80 sen per km for motorcars and at a rate not less than
60 sen per km for motorcycles
or reimbursed with actual transport costs. The Bank shall reimburse toll
charges and parking fees.
(2) An employee who is
appointed to drive the Bank's vehicle and on a regular basis shall be reimbursed
the driving licence renewal fee on an annual basis. In the case of other
employees who are required to drive the Bank's vehicle on an ad-hoc/relief
basis, the reimbursement of the driving licence renewal fee shall be at the sole
discretion of the Bank.
employee who is required to work in any Branch or place other than
in the Branch or place where he normally works shall be entitled to
an allowance, subject to the conditions specified hereunder :-
Travel Up To 15 Kilometres
duty in East Malaysia involving travel up to a distance of within 15
kilometres from normal place of work, an employee shall not be
entitled to any payment other than the payment of transport, if
Travel Beyond 15 Kilometres And Not Requiring
(i) For duty in East Malaysia involving travel
beyond 15 kilometres from normal place of work and not
requiring overnight stay - RM18.50 per day.
(ii) For the purpose of this paragraph, "Duty"
means work that involves a duration of 4 hours or more, inclusive of
travelling time from and to the normal place of work.
Travel Beyond 15 Kilometres And Requiring Overnight Stay
For duty in East
Malaysia involving travel beyond 15 kilometres from normal place of
work and requiring overnight stay - hotel accommodation at a
Bank-appointed hotel plus RM58.00 per day, excluding the day
of return to normal place of work or a lump sum of RM110.00 per
day, excluding the day of return to normal place of work.
Duty in Peninsular
For duty in
Peninsular Malaysia, hotel accommodation at a Bank-appointed hotel
plus RM68.00 per day, excluding the day of return to normal
place of work or a lump sum of RM132.00 per day, excluding
the day of return to normal place of work.
Day of Return to
Normal Place of Work
An employee who is
returning to his normal place of work after an outstation duty under
paragraphs (c) and (d) above shall, in addition to payment for
transport, only be paid the following :-
(i) if he
returns to normal place of work before 6.00 p.m. - half the
subsistence allowance described in 3(c) and 3 (d).
(4) (a) Where Banks are currently paying better rates, such rates will continue to be
paid to employees
(ii) if he
returns to normal place of work after 6.00 p.m. - one full day
subsistence allowance described in 3(c) and 3 (d).
(5) Acting allowances
(b) Notwithstanding Clauses (1) and (3)
of this Article, the Bank may, at its sole discretion, make any payment in
excess of the rates specified in accordance with existing practices in the
Bank. Where Banks are already providing better benefits, such benefits shall
continue to be given.
The Bank shall pay Acting
Allowance at RM25.00 per day to an employee who is required to
assume for the whole day the total responsibility and performing
the full duties of a Class Two Officer or equivalent grade
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ARTICLE 22 - ADVANCES
employee, regardless whether he is married to another in the same
Bank, is eligible to a housing loan as follows:-
of housing loan shall be any amount so long the monthly repayment
period shall not exceed 75% of the wages of the employee. The
repayment period shall not be more than 35 years or the period up to
retirement age whichever is earlier.
above loan shall be granted subject and to such other terms and
conditions as the Bank may impose.
eligible to vehicle loans in accordance with existing terms in each
eligible to sundry loans in accordance with existing terms in each
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ARTICLE 23 - UNIFORMS
undermentioned items will be supplied by the Banks to their
Non-Clerical employees wearing uniforms :-
(a) 4 suits
of uniforms annually;
The Bank shall reimburse non-clerical employees RM80.00 every six
months up to a maximum of RM160.00 a year for the purchase of shoes,
the design and make being at the Bank’s choice;
Muslims only - 2 songkoks, renewable at the Bank's discretion;
Sikhs only - 2 turbans annually; and
Messengers only - raincoats, when necessary.
(2) (a) Employees
who are required to use motorcycles in their course of duties shall be
with a leather jacket and a helmet with visor, renewable at the Bank's
(b) In the
case of other employees who are required to use motorcycles on an
adhoc or relief basis, the provision of a waterproof jacket and a
helmet with visor, shall be at the discretion of the Bank.
(3) Clerical employees
who are required to wear uniforms will be supplied with uniforms and shoes
annually, the design and quality of which shall be at the discretion of the
(4) The Bank shall
provide free laundry service. Where free laundry service is not provided, the
Bank shall reimburse a sum of RM60.00 per month in lieu.
(5) Employees supplied
with uniforms are required to wear them during working hours.
Proper Attire for
employees shall be properly attired and appear neat and tidy while
on duty. Where Banks insist on attire at their discretion, then
such Banks shall provide employees with suitable attire.
(7) Notwithstanding Clauses (1)
to (4) of this Article, the Bank may, at its discretion, provide
benefits in excess of those provided in accordance with the Bank’s
[back to top]
ARTICLE 24 - MEDICAL BENEFITS
(1) Outpatient Treatment
(a) Employees will be eligible
for medical consultation, treatment and medicines provided by the
Bank’s doctors and government doctors.
(b) Employees will be eligible
for diagnostic tests recommended by the Bank’s doctor or by a
specialist referred to by the Bank’s doctor for the proper treatment
of the illness. Employees will also be eligible for immunisation
from the Bank’s doctor.
(c) The Bank’s doctor may refer
the employee in the first instance to a specialist in the
Bank-appointed private hospital or where the employee chooses to a
specialist in a Government Hospital.
In a locality where there
is no private hospital, the Bank doctor may refer the employee to a
specialist in a Government Hospital. In the event the particular
specialist or specialist facility is not available or not
immediately available in the General Hospital, the Bank’s doctor may
refer him to any other private specialist in the vicinity.
However, if the employee
chooses to be referred to any of the Bank-appointed private hospital(s) in Malaysia instead of the specialist in the Government
Hospital, the Bank’s doctor shall then refer him to the
Bank-appointed private hospital. In such circumstances, the Banks
shall not be liable for any transportation costs incurred under this
Employees may undergo eye examination by any ophthalmologist,
optometrist, or registered optician of their choice as and when
problems develop. The cost of such eye examination shall be
borne by the Bank.
The Bank shall pay for the cost of dental extraction from any
registered dental practitioner.
Bank shall pay for the costs of dental treatment from any
registered dental practitioner and spectacles/contact lenses from
any registered optician subject to a maximum combined
limit of RM400.00 per annum,
(2) Non-Panel Doctors
(a) Employees are permitted to
receive out-patient medical consultation or treatment from
non-panel doctors only in the following circumstances:-
(ii) Where the services of the
Bank’s doctor are not available within a reasonable time or
(b) Any subsequent treatment
should be had from the Bank’s doctor. In each claim under this
Clause, an employee is required to explain in writing the nature of
the emergency for the Bank to be satisfied as to its liability.
(a) Employees requiring
hospitalisation as recommended by the Bank’s doctor or
government doctor or specialist referred to, may be accommodated at
a Bank-appointed private hospital or if the employee so chooses at a
Government Hospital in the following classes of accommodation :-
First class ward in a Government hospital or Second Class in a
Bank-appointed private hospital. In the event where there is no
Second Class ward in the Bank-appointed private hospital, the
employee may be admitted to a 4-bedded ward or in the event a
4-bedded ward is not available, in a 3-bedded ward or a 2-bedded
ward until a bed in a 4-bedded ward is available.
(ii) If an employee is
hospitalised for emergency treatment in any other hospital other
than the Bank-appointed private hospital, the liability of the Bank
shall be limited to equivalent first class rates in a Government
(iii) In the event where the
employee chooses to be admitted to a private hospital other than a
Bank-appointed private hospital, the liability of the Bank shall be
limited to equivalent First Class rate in a Government Hospital. In
such circumstances, the Banks shall not be liable for any
transportation costs incurred under this Clause.
(b) Medical Examination
Employees are eligible to undergo
medical examination at the expense of the Bank subject to the
following conditions :-
(i) Employees have attained
the age of 40.
(ii) Such medical examination
shall be provided only once every 2 years.
(iii) The medical examination
shall be obtained only from the doctors or hospitals appointed by
the Bank. Where the employee requires further medical
examination/treatment by the doctor, the employee shall give consent
to the bank to obtain such medical report if required.
(4)(a) Family Medical Benefits
Medical benefits for the employee’s legal spouse and children under
the age of 18 years including disabled children above the age of 18
years who are not gainfully employed and children up to 23 years of
age attending full time education in a local educational institution
subject to a maximum of RM1,550.00 per employee’s family per
calendar year as follows:-
(i) Outpatient medical
consultations and medicines prescribed by any registered general
medical practitioner including consultations and treatment by a
pediatrician for children of employees.
(ii) Specialist treatment.
Hospitalisation in any hospital.
In the event that the
employee has more than one legal wife, such employee shall nominate
one of them only for the purposes of this Clause.
The employee may elect to off-set a sum not exceeding RM500.00 to
purchase Hospitalisation and Surgical Insurance for their spouse and
children on a reimbursement basis.
(b) Family Medical Benefits
(i) Medical consultations and
medicines prescribed by the Bank’s doctor only for the wife and
children under the age of 18 years including disabled children above
the age of 18 years who are not gainfully employed and children up
to 23 years of age attending full time education in a local
(ii) In the event that
hospitalisation is recommended by the Bank’s doctor, hospitalisation
in a 2nd Class ward in a Government Hospital. For
hospitalisation, Bank will cover only the employee’s legal spouse
and children under the age of 18 years including disabled children
above the age of 18 years who are not gainfully employed. In the
event that the employee has more than one legal wife, such employee
shall nominate one of them only for the purpose of hospitalisation
incurred in respect of medical consultations, medicine and
hospitalisation obtained from any other doctor or hospital shall not
be paid by the Bank.
The Bank shall reimburse a sum not exceeding RM500.00 per calendar
year to purchase Hospitalisation and Surgical Insurance for their
spouse and children. This shall be effective from the date of
signing of this Agreement. This provision is separate and in
addition to Clauses 4 (b) (i), (ii) and (iii) hereinabove
Facilities/Benefits Not Borne by the Bank
Notwithstanding the above,
medical benefits provided by the Bank to employees shall not
(a) Cost of artificial
devices, artificial dental appliances, dental treatment, pregnancy,
prenatal or post-natal care, confinement or abortion or miscarriage.
However, the Bank will bear medical
expenses incurred in the treatment of miscarriage provided that such
treatment is obtained from the Bank’s panel of doctors or
(b) The Bank will not provide
medical benefits in respect of injuries sustained as a result of
participation in wrongful or dangerous activities on the part of
(c) If and when any form of
national health service or other type of Government sponsored
medical benefits is introduced, the question of medical benefits for
employees will be re-examined jointly and to the extent that if any
newly introduced medical benefits are adequate, the Bank will be
absolved from the responsibility of paying for them.
(d) Other than in the case of
an emergency provided for in Clause (2), where an employee chooses
to be treated by any medical practitioner instead of the Bank’s
doctor or any specialist instead of the specialist referred to by
the Bank’s doctor, the Bank will not be liable to pay the charges
(e) Where an employee repeatedly
chooses to go to any medical practitioner (other than a Bank’s
doctor or Government Hospital), Sick Leave will be granted but on
“no-pay” basis and the Bank will not be responsible for the payment
of the medical bill.
(6) (a) All the medical benefits
provided under this Article are confined only to expenses incurred
in Malaysia. Banks will not be liable for any medical expenses
incurred by employees outside Malaysia (except where an employee is
required by the Bank to work or undergo training outside Malaysia).
(b) Where there is no
specialist treatment or operations available in Sarawak Hospital,
the Bank may consider sympathetically to send the employee to
Peninsular Malaysia hospital in cases of matter of life and death.
[back to top]
ARTICLE 25 - MATERNITY BENEFITS
(1) Every female
employee shall be entitled to paid Maternity Leave for a period of ninety (90)
consecutive days in respect of each confinement.
(2) Maternity Leave
shall not commence earlier than a period of thirty (30) days immediately
preceding the confinement of a female employee or later than the day immediately
following her confinement :
PROVIDED THAT where a Bank's doctor or the registered medical
practitioner certifies that the female employee, as a result of her
advanced state of pregnancy, is unable to perform her duties
satisfactorily, the employee may be required to commence her
Maternity Leave at any time during a period of fourteen (14) days
preceding the date of her confinement as determined in advance by
the Bank's doctor or the registered medical practitioner.
(3) Where a female
employee abstains from work to commence her Maternity Leave on a date earlier
than a period of thirty (30) days immediately preceding her confinement, such
abstention shall not be treated as Maternity Leave but as Sick Leave under
the provisions of Clause (1) above, a female employee shall not be entitled to
any paid Maternity Leave if at the time of her confinement she has five (5) or
more surviving children. For the purpose of this Clause, "children" means all
natural children irrespective of age.
(5) A female
employee shall, within a period of ninexty (90) days immediately preceding her
expected confinement, notify the Bank of it and the date from which she intends
to commence her Maternity Leave.
(6) Where any
gazetted Public Holiday falls within the period during which an employee is on
Maternity Leave, the Maternity Leave shall be extended by one working day for
each of such gazetted Public Holidays.
Child Care Subsidy
Every employee with children of 7 years and below shall be reimbursed childcare
subsidy of up to a maximum of RM660.00 per annum.
reimbursement shall be paid monthly, on a pro-rated basis.
(c) Banks currently
providing benefits which are better than those contained in this Clause shall
continue to provide same.
reimburse a female employee an amount not exceeding RM600.00 for
normal delivery or RM800.00 for delivery involving caesarean
operation per confinement in respect of two (2) confinements. Where
Banks are currently paying delivery charges, such practice will
[back to top]
ARTICLE 26 - REST DAY
AND ADDITIONAL REST DAY ON SATURDAY OF EACH MONTH
(1) Every employee
shall be allowed in each week a Rest Day. Such a Rest Day (other than for
those performing shift work) unless altered by prior notice, shall be a Sunday.
Payment For Normal
Hours of Work on Rest Day
Bank may require an employee to work on a Rest Day. An employee
who is required to work on a Rest Day shall be paid the following
during Normal Hours of Work:
(a) Work which does not
exceed half (½) the Normal Hours of Work, half (½) the Ordinary Rate of Pay; and
(b) Work which exceeds
half (½) the Normal Hours of Work but which does not exceed the Normal Hours of
Work, one (1) day's Ordinary Rate of Pay.
For Work Outside Normal Hours of Work on Rest Day
The Bank may
require an employee to work Outside the Normal Hours of Work on a
Rest Day. An employee who is required to work Outside the Normal
Hours of Work on a Rest Day shall be paid three times (3) his hourly
rate of pay, calculated on the basis of the first hour or part
thereof and thereafter on half-hourly (½) basis:
THAT no employee shall be required to commence work later than 11.00
a.m. unless it is due to operational requirements.
(4) Week-End (Sunday) Banking
at its discretion and in accordance with operational needs,
introduce Week-End Banking (Sunday) Service subject to the
terms and conditions as follows:-
(i) Any employee who is required by the Bank to work on
their week-end on account of Week-End Banking shall be paid
a lump sum payment of RM35.00 per day plus the benefits as
contained in the Collective Agreement for Work on Weekly
(ii) The Week-End Banking Allowance of RM35.00 is for one
day’s attendance on Rest Day regardless of the number of
(iii) Only the employees selected to attend to work related
to Week-End Banking services are to be paid the Week-End
(iv) The Bank shall introduce a rotation system and no
employee shall be required to work more than once in three
(v) The employee shall be paid the Week-End Banking
Allowance without option of substitution of the Weekly Rest
(vi) “Work on Week-End” shall mean work related to Week-End
Bank’s opening hours and NOT work that had been carried over
from the previous day.
(vii) It is also agreed that before the Bank introduce
Week-End Banking, it shall inform SBEU Headquarters.
Week-End Banking shall not be applicable to 7-Day Banking.
The implementation of the 7-Day Banking shall be discussed
with the Union
Rest Days on Saturdays of Each Month
(a) Every employee shall be allowed an
additional rest day on the Saturday of each month
(b) Payment for Work Done on the
Additional Rest Days in the Month
The Bank may require an
employee to work on the additional rest days in the month.
An employee who is required to work on the additional rest
days in the month shall be paid at one and a half (1½) times
his hourly rate of pay, calculated on the basis of the first
hour or part thereof and thereafter on half hourly (½) basis
[back to top]
ARTICLE 27 - HOURS OF WORK
Normal Hours of
The Normal Hours
of Work for an employee shall be thirty-nine (39) hours a week.
In each week, there shall be five (5) full working days,
i.e., the first four (4) days of which shall consist of eight
hours (8 hours) of work (excluding a break of one (1) hour for
meal), one (1) day shall consist of seven (7) hours of work
(excluding a break of one (1) hour for meal).
commencing and ending points of Normal Hours of Work of an employee
or employees shall be as determined by the Bank from time to time
according to operational needs.
(3) It is
recognised that as and when necessary, according to operational
needs of the Bank, an employee may be required to work in excess of
the Normal Hours of Work prescribed in Clause (1) above. Such
excess work is defined as “Work Outside Normal Hours of Work”. For
the purpose of this Clause, “Work Outside Normal Hours of Work”
means work performed at the prior request of the Bank, in excess of
eight hours (8 hours), or seven (7) hours as the case may be
on the five (5) full working days and shall be a continuous period
commencing either before or after the Normal Hours of Work.
Normal Hours of Work, unless otherwise determined by the Bank and
notified to an employee, shall be: -
Weekdays - Monday
8.30 a.m. to 5.30 p.m. with a lunch break of one (1)
hour to be staggered between 11.30 a.m. to 2.30 p.m.
Weekday - Friday
From 8.30 a.m.
to 4.30 p.m. with a lunch break of one (1) hour to be staggered
between 11.30 a.m. to 2.30 p.m.
PROVIDED THAT no employee shall be required to commence work later
than 11.00 a.m.
Bank may, according to operational needs, introduce Shift Work as
and when necessary. In order to ensure continuity of operations,
all shift employees shall remain on duty until relieved by either
the succeeding shift employees or until permitted to leave by the
Officer-In-Charge. For the purpose of this Clause, "Shift Work"
means work which by reason of its nature requires to be carried on
continuously or continually, as the case may be, by two or more
shifts, and "Day" means a continuous period of twenty-four (24)
hours beginning at any point of time.
Employees who are required to perform Shift Work shall be paid a
Shift Allowance as follows:-
(i) 2-Shift Cycle
- RM195 per month
RM229 per month
NACCS (KLACH/REACH/SPICKS) Allowance
Employees who are required to perform work on account of the above
System shall be paid an allowance as follows :-
Employees required to perform work at or before 6.00 a.m.
- RM41.00 per day.
6.00 a.m. but before 7.30 a.m.
RM30.00 per day.
Payment For Work
Outside Normal Hours of Work on Weekdays
Bank may require an employee to work Outside the Normal Hours of
Work on Weekdays. An employee who is required to work Outside the
Normal Hours of Work on a Weekday shall be paid One and a half (1½)
times his hourly rate of pay, calculated on the basis of the first
hour or part thereof and thereafter on half-hourly (½) basis.
Employees who are required to work overtime for more than two (2)
hours after their Normal Hours of Work shall be paid a Meal
Allowance of RM10.00 per employee per occasion.
The Bank may
require an employee to work at Odd Hours according to operational needs. An
employee who is required to work at Odd Hours shall be eligible for Inconvenience
Allowance as follows: -
employee who commences work at anytime between 10.00 p.m. to 1.00
a.m. shall be paid RM30.00
employee who commences work at anytime between 1.00 a.m. to 6.00
a.m. shall be paid RM41.00
(iii) This will not apply to
employees on Shift Work and NACCS.
[back to top]
ARTICLE 28 - PUBLIC HOLIDAYS
(1) Every employee
shall be entitled to a paid Holiday on all gazetted Federal and State Public
Holidays applicable to the State or Federal Territory in which he is stationed.
(2) Payment For Normal
Hours of Work on Public Holidays
Bank may require an employee to work the Normal Hours of Work on a
Public Holiday. An employee who is required to work the Normal Hours
of Work on a Public Holiday shall be paid Two (2) times the Ordinary
Rate of Pay, regardless the period of work done on that day is less
than the Normal Hours of Work.
(3) Payment For Work Outside Normal Hours of Work
on Public Holidays
The Bank may
require an employee to work Outside the Normal Hours of Work on a
Public Holiday. An employee who is required to work Outside Normal
Hours of Work on a Public Holiday shall be paid three (3) times the
Hourly Rate of Pay, calculated on the basis of an hour or part
[back to top]
ARTICLE 29 - ANNUAL LEAVE
to Annual Leave
The Bank shall grant their
employees paid Annual Leave calculated as follows :-
Year (Continuous Service in the Bank)
(a) 1st to 2nd
calendar year (inclusive) - 14 working days;
(b) 3rd to 5th
calendar year (inclusive) - 16 working days;
to 15th calendar year (inclusive) - 23 working
calendar year onwards - 26 working days.
(e) "Calendar Year"
means a year beginning on 1st January, that is to say that the year of
appointment of an employee, irrespective of the month of appointment, will be
his first calendar year. Leave entitlement of an employee should be calculated
in accordance with the following example :-
Where an employee is appointed to an appointment on 1st April 2009.
(1st Calendar Year) - 11 Working Days
(2nd calendar Year) -
14 Working Days
(3rd Calendar Year) - 16 Working Days
(4th Calendar Year) - 16 Working Days
(5th Calendar Year) - 16 Working Days
(6th Calendar Year) - 23 Working Days
and so on.
(f) Where a Clerical
employee is promoted, say, on 1st August, the Annual Leave entitlement will be
calculated proportionately, i.e., for the period up to 31st July according to
the entitlement under this Article, and for the period commencing 1st August
according to the entitlement in the particular category to which such employee
has been promoted.
(2) (a) Leave
entitlement for any incomplete year shall be calculated proportionately.
(b) For the
purpose of calculation, any fraction of a day of Annual Leave which
is less than one-half (½) of a day shall be disregarded and where
the fraction of a day is one-half (½) or more, it shall be deemed to
be one (1) day.
Leave taken on a Saturday shall be deemed to be half (½) day.
(3) Annual Leave shall
be taken in accordance with an Annual Leave Roster to be drawn up by the Bank at
the beginning of each calendar year. The Bank may roster leave at a stretch not
exceeding 6 working days :
PROVIDED THAT seven (7) days of Annual Leave entitlement is excluded
from the Leave Roster for the purposes of attending to contingencies
which do not qualify for leave under Article 31.
PROVIDED FURTHER THAT where an employee has not utilised the 7 days
of the unrostered Annual Leave arising under Article 29(3) of the
Collective Agreement before 1st September of a calendar year, then
the employee shall take such unutilised Annual Leave in accordance
with a new roster to be drawn by the Bank as follows :-
(a) 4 days
of the 7 days leave to be granted before 31st October of the year;
remaining 3 days before 31st December of that year.
than in cases where accumulation of leave has been approved, or
where leave is not granted due to exigencies, employees are required
to utilise the leave entitlement of a year within that year and
shall not be permitted to carry forward any leave to the following
(4) Employees who intend
to utilise their leave on dates otherwise than as rostered shall make a written
application at least seven (7) days in advance and the Bank may, subject to
operational requirements and provided the leave of other employee(s) can be re-rostered,
grant such application.
(5) Where an employee
who is on paid Annual Leave becomes entitled to Sick Leave or Maternity Leave
while on such Annual Leave, the employee shall be granted the Sick Leave, or
Maternity Leave, as the case may be, and the Annual Leave shall be deemed to
have not been taken in respect of the days for which Sick Leave or Maternity
Leave is so granted:
PROVIDED THAT such leave shall not be automatically utilised to
extend the approved Annual Leave or Maternity Leave without the
approval of the Bank.
(6) The Bank reserves
the right to arrange or re-arrange leave programmes for their employees in
accordance with its operational needs.
employee may, with the prior written approval of the Bank,
accumulate part of his Annual Leave for a period not exceeding three
(3) years for the purposes of going overseas (for this purpose
Singapore is deemed to be overseas) or to perform a pilgrimage,
subject to the following conditions :-
employee gives written notice of his intention to do so in the first
year during which he proposes to accumulate his Annual Leave;
Leave may be accumulated subject to an employee taking at least the
following minimum number of working days annually :-
(i) Less than two (2)
years’ service - 8 Days;
(ii) Two (2) years or
more but less
than five (5)
years - 12 Days;
(iii) Five (5) years or
more but less
than sixteen (16) years - 16 Days; and
(iv) Sixteen (16) years
and more - 16 Days.
Leave may only be accumulated for a period not exceeding three (3)
years and shall be taken in full in the year immediately following
the accumulated period :
PROVIDED THAT in cases of any postponement of such leave for any
valid reason whatsoever, the employee shall be permitted to carry
forward such accumulated leave to a later date within one year from
the last day of the calendar year in which the accumulated leave was
Accumulated leave not taken under the conditions and within such
periods stipulated above shall be forfeited absolutely;
written notice of one (1) month must be given to the Bank stating
when such accumulated leave is to be utilised;
(f) Pay in
respect of the number of days of accumulated leave may be paid to
the employee two (2) weeks prior to the commencement of leave upon
travel documents are to be produced prior to departure overseas;
number of days that may be accumulated are as follows:-
NO.OF DAYS NO.OF DAYS
WHICH MUST WHICH CAN
AGREEMENT BE TAKEN BE ACCUMULATED
2 years’ service
14 days 8
6 days per year
2 yrs or more but less than 5 yrs 16
days 12 days 4 days per year
5 yrs or more
but less than 16 yrs 23 days 16 days
7 days per year
16 years and
more 26 days 16 days 10
days per year.
Payment in Lieu of
Payment shall be made at the Ordinary Rate of Pay in respect of any
Annual Leave that is outstanding but not taken at the time of
resignation or death of an employee.
(9) Where an employee
gives notice of resignation, the requisite period of notice may be reduced by
the amount of leave then due to the employee.
leave, an employee may be called back for duty with his consent.
The employee shall then be compensated as follows :-
Reimbursement of travelling expenses to and from location of leave
at time of Call Back at rates based on Article 21 (1);
(ii) An allowance for food and lodging
equivalent to Subsistence Allowance as per Article 21(3)(c); and
(iii) Restoration of leave entitlement for the
number of days he is on duty during leave, including traveling
(b) For the
purpose of this Clause, an employee is deemed to be on outstation
duty from the moment he consents to Call Back until the duty is
completed. He may then either resume his leave or apply to treat
the remainder of his leave as being accumulated for future
[back to top]
ARTICLE 30 - SICK LEAVE
(1) The Bank shall
allow Sick Leave with full pay on the certificate of recommendation of the
Bank's doctor or appropriate Government Hospital Authority, up to the period
exceeding, in the aggregate, twenty-two (22) days in each year,
non-cumulative, if no hospitalisation is necessary; or
(60) days in each year, non-cumulative, if hospitalisation is
necessary, provided that if the employee is hospitalised for less
than thirty-eight (38) days in any one year, his entitlement to paid
Sick Leave for that year shall not exceed the aggregate of
twenty-two (22) days, plus the number of days on which he is
(2) Where an employee
is certified by the Bank's doctor or Government Hospital Authority to be ill
enough to be hospitalised but is not hospitalised for any reason whatsoever, the
employee shall be deemed to have been hospitalised for the purpose of this
(3) The Bank may, at
its own discretion, grant Sick Leave with or without pay in excess of the number
of days provided in Clause (1) of this Article only in cases where the Bank's
doctor or where, there is no appointed Bank's doctor, the Government Hospital
Authority certifies in writing that the illness suffered by the employee is
serious enough to incapacitate him from the performance of his duties in the
(4) In cases of
emergency, having regard to the nature or circumstances of the illness and where
the services of the Bank's doctor or Government Hospital are not obtainable
within a reasonable time or distance, employees are permitted to receive
out-patient medical attention or treatment from the nearest registered medical
practitioner, and in these circumstances the recommendation for leave, if any,
issued by such registered medical practitioner may be accepted. Any
recommendation for leave subsequent to the emergency must be issued by the
(5) Except in cases of
emergency where an employee obtains medical attention from other than the Bank's
doctor or where applicable from the Government Hospital Authority, or in cases
where, if having regard to the nature or circumstances of the illness, the
services of the Bank's doctor are not obtainable within a reasonable time or
distance, such leave as is recommended by such registered medical practitioner
will be on a no-pay basis.
(6) Any period of Sick
Leave or any period of hospitalisation during Annual Leave shall be treated as
Sick Leave provided that it is supported by a medical certificate issued by a
medical practitioner in accordance with the provisions of this Article.
(7) An employee who
absents himself on Sick Leave which is not certified by the Bank’s doctor, or in
cases of emergency by a registered medical practitioner, shall be deemed to have
absented himself from work without the permission of the Bank and without
reasonable excuse for the days on which he is so absent from work.
(8) If any public holiday falls within the
period during which the employee is on sick leave, the Bank shall
determine and grant another day as a paid holiday in substitution
for such public holiday or the day substituted therefore.
employee who is certified by the Bank’s doctor or an appropriate
Government Hospital Authority to be mentally unsound, or suffering
from illness requiring prolonged treatment such as tuberculosis,
cancer, leukemia or cerebral thrombosis or injury arising from an
accident shall, upon confirmation of such illness or injury by the
Bank’s doctor, be granted up to a maximum of six (6) months’ leave
on full pay, a further six (6) consecutive months’ leave on half-pay
and a further twelve (12) consecutive months’ leave without pay :
PROVIDED THAT no paid leave will be granted unless the employee
undergoes the course of treatment recommended by the Bank’s doctor
or the appropriate Government Hospital Authority.
full recovery within the two-year period, the employee may resume
duties on production of a fit certificate from the appropriate
(c) In the
event the employee who resumed duty under Clause (b) above suffers a
relapse within six (6) months from the time the employee resumed
duty, then the relapse shall not be treated as a new case, but as a
continuation of the first case. Consequently, the leave that has
already been consumed in the first instance by the employee shall be
set off against his entitlement under Clause (a) and the employee
shall only be granted the balance of the unutilised leave, if any,
under the Clause.
(d) If an
employee is still unfit after the two-year period of the Prolonged
Illness Leave, the employee may be retired on medical grounds with
under this Clause will only commence after an employee has exhausted
all his/her entitlement under the Annual Leave and Sick Leave
Articles in the Collective Agreement.
(10) Banks will
only accept Medical Certificates issued by Medical Practitioners registered in
Malaysia for the purpose of paid Sick Leave under this Article. Medical
certificates issued by Medical Practitioners from outside Malaysia will not be
accepted by the Banks for the purpose of paid Sick Leave but may subject to the
Bank being satisfied as to the circumstances be accepted as a reasonable excuse
for absence from duty. Such Sick Leave will be on a no-pay basis.
(11) For the purpose of
this Article, “Bank’s Doctor” includes a specialist where the employee is
referred to by the Bank’s doctor and a Bank-appointed private hospital.
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ARTICLE 31 - SPECIAL LEAVE
Bank shall grant ten (10) working days as Marriage Leave to an
employee who is single on the occasion of his marriage once only
during his service with the Bank.
probationary employee who gets married will not be entitled to any
Marriage Leave during the period of probation. The employee will
become entitled to the Marriage Leave on confirmation of
appointment. Such leave shall be taken within three months from the
date of confirmation. Thereafter the employee shall cease to be
entitled to such leave.
Bank shall grant paid leave to an employee not exceeding a total of
ten (10) days in any one calendar year, non-cumulative, under the
Birth of legal child/children per pregnancy - 3 days;
Death of a member of employee’s immediate family - 3 days;
Serious illness of employee’s immediate family - 2 days;
Disasters such as flood, fire, robbery, etc. affecting the employee
- 2 days.
Immediate family is defined as employee’s spouse, child, parents,
brothers, sisters, or grandparents, parents-in-law and
(b) In the
event that three (3) days under this Clause is insufficient at any
one time, an employee may be granted additional days from his Annual
Leave entitlement under Article 29(3).
Bank shall grant paid leave up to a maximum of seven (7) days per
year non-cumulative to enable employees to sit for examinations
relevant to the Banking Industry, held on working days only.
Bank will give sympathetic consideration to granting leave to enable
their employees to represent the State or Malaysia in sports.
THE PURPOSE of application for Special Leave under this Article, an
employee is required to provide satisfactory proof to support his
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ARTICLE 32 - CASH DISCREPANCY
Bank shall absorb all cash shortages (except fraud) incurred by
(2) The Bank will investigate
the cash discrepancy and may institute disciplinary action according
to their own internal procedures.
In the case of Bank Islam Malaysia Berhad, as the said Bank
opted to continue with the payment of teller’s allowance, the
practice of restitution of cash shortage shall remain.
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ARTICLE 33 - INTERPRETATION
(1) Ordinary Rate of Pay
shall be calculated as follows :-
Monthly Rate of Pay
(2) Hourly Rate of Pay
shall be calculated as follows :-
Monthly Rate of
Pay X 12
(3) Work Outside Normal
Hours of Work means work performed at the prior request of the Bank in excess of
the Normal Hours of Work per day.
39 X 52
(4) Monthly Rate of
Pay means basic wages and all other payments in cash payable to an employee for
work done in respect of his contract of service but does not include :
value of any house accommodation or the supply of any food,
fuel, light or water or medical attendance or of any approved
amenity or approved service;
contribution paid by the employer on his own account to any
pension fund, provident fund, superannuation scheme,
retrenchment, termination, lay-off or retirement scheme, thrift
scheme or any other fund or scheme established for the benefit
or welfare of the employee;
travelling allowance or the value of any travelling concession;
sum payable to the employee to defray special expenses entailed
on him by the nature of his employment;
gratuity payable on discharge or retirement; and
(5) Registered Medical
Practitioner means medical practitioner registered under the Malayan Medical Act
1971 or a dental surgeon as defined under the Dental Act 1971.
annual bonus or any part of any annual bonus.
In respect of Performance Bonus, performance of the Bank shall
mean the performance of each member bank in the region this
collective agreement relates and the financial results as stated in
the accounts as published in the banks’ audited financial statements
for the relevant year
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ARTICLE 34 - RETIREMENT BENEFITS
Age of Retirement
date of retirement of an employee shall be the date on which he
fulfils any one of the following conditions :-
attaining the age of 55 years;
termination of service due to medical disability.
employee may opt to retire at any time after attaining the age of
fifty (50) years.
the absence of a birth certificate, the date of birth shown in the
Identity Card of the employee concerned shall be deemed to be the
date of birth for the purpose of determining the retirement age. If
the Identity Card fails to record the actual month or date of birth,
the last working day shall be on 31st December of the year, provided
that if the month is shown, the last working day shall be the last
day of the month.
An employee may apply to extend his/her retirement in furtherance to
Clause 1 (a) (i) hereinabove. Such application shall be made at
least three (3) months prior to their retirement and the Bank shall
subject to business requirement and the employee’s health condition
approve the application and the retirement age shall be extended
until the employee attains the age of 57 years. In the event the
Bank is unable to extend an employee’s retirement age the Union
shall be advised of the same one (1) month prior to the employee’s
retirement from the Bank.
The retirement age of an employee who is still in service on or
after the signing of the MOA entitled “On Expanded Functions of
Non-Clericals and Other Trade-Off Considerations involving Clerical
and Special Grade Clerks” shall be revised from attaining the age of
55 years to attaining the age of 60 in accordance with Clause 6(c)
of the MOA
(a) The Bank shall
contribute each month 16% of the wages for that month to the Employees
Provident Fund. Such contribution shall be deemed to be inclusive of any
employer's contribution to the Employees Provident Fund as may be prescribed by
law from time to time.
(b) For the purpose
of Clause (2)(a) above, “wages” shall have the meaning assigned to it by the
Employees Provident Fund Act, 1991.
Retirement Benefits For Service Up To 30th September 1981
respect of service prior to 1st October 1981, an employee shall be
entitled to retirement benefits in accordance with the provisions
contained in the individual Collective Agreements between the Union
and the Individual Banks which expired on 31st December
1977, and in the case of Banks which were not parties to any
Collective Agreement, according to the existing terms in such Banks.
Bank shall remit the accrued lump sum retirement benefits to the
Employees Provident Fund or pay dividends according to EPF rates
within 90 days from the date of signing this Agreement. The
dividends on the lump sum shall accrue 90 days from date of signing
of this Agreement.
tax on the accrued lump sum retirement benefits when it is remitted
to the Employees Provident Fund shall be borne by the employees.
Where a Bank elects to retain the retirement benefits, the lump sum
retirement benefits under Clause (2)(a) of Article 34 in the SCBA/SBEU
Industrial Court Award No:133/82 dated 29th June 1982,
will be paid together with accrued dividends upon retirement or as
a result of medical disability at any age as certified by the Bank’s
panel of doctors.
Where the lump sum accrued retirement benefits are retained in the
Bank’s books, the accrued lump sum and accrued dividend shall be
paid to the employee’s account with the Employees Provident Fund on
Where a Bank elects to remit the accrued lump sum retirement
benefits to the Employees Provident Fund, an employee may elect to
retain his lump sum retirement benefits in the Bank’s books. In
such an event, the accrued lump sum retirement benefits shall not
earn any dividend.
Where the Bank retains the accrued lump sum retirement benefits, the
accrued sum together with dividends shall be paid to the
in the event the employee dies whilst in service.
PROVIDED THAT no employee who is entitled to a lump sum retirement
benefit under Clause (3)(a) of this Article shall be paid the sum if
he resigns or is dismissed or has his service terminated in
circumstances involving fraud, embezzlement or dishonesty resulting
in financial loss to the Bank.
Employees who have completed at least twenty-five (25) years of
continuous service up to the time of retirement shall be eligible
for 30 calendar days’ leave to be taken one month before the date of
retirement. However, an employee of any religious faith who has
qualified for such leave may be granted at the Bank’s discretion to
utilise the leave at a stretch at any time for a religious
pilgrimage to be performed overseas.
Hospitalisation and Surgical Insurance
The Bank shall reimburse an
employee upon his retirement a sum not exceeding RM600.00 to
purchase Hospitalisation and Surgical Medical Insurance for a period
of three (3) years. This provision shall take effect from date of
signing the Collective Agreement.
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ARTICLE 35 - EMPLOYMENT INJURY
the employee has received normal wages in full for the period of
temporary disablement, for which he is entitled to disablement
benefit from SOCSO, the Bank shall be entitled to deduct from the
wages of the employee the amount of temporary disablement benefits
after the employee has received the temporary disablement benefits
Bank shall insure every employee on a 24-hour basis to the amount of
RM110,000 in the event of death or total permanent
disablement arising from whatever causes that are covered by a
Personal Accident policy and, in the event of permanent partial
disablement arising from the same circumstances.
(B) The Bank
shall also provide Group Term Life policy to every employee for an
amount of RM33,000.00 in the event of death and total permanent
disability. The terms and conditions are subject to the provisions
of the insurance policy and requirements of the insurance company
which may include employees undergoing medical examinations
Notwithstanding the provisions in this Article, the Bank may, at its
discretion, provide better insurance coverage for its employees.
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ARTICLE 36 - EXISTING BENEFITS
(1) The Banks shall not
remove any existing benefits given currently received daily or monthly in cash
or kind by their employees which are not covered under the present terms of this
Collective Agreement except that :-
benefits given in kind for a specific reason, as and when such
reason ceases to exist, shall stop being given; and
allowances paid for the doing of a specific task, as and when such
task ceases to be performed by the employees or classes of employees
concerned, shall cease to be paid.
(2) Employees who are in
receipt of any benefits originally granted to them daily or monthly in cash or
kind for the doing of a specific task which is no longer performed by the
employees concerned or for a specific reason which has ceased to exist, will
continue to receive the said benefits. Such benefits received shall henceforth
be treated as personal benefits applicable only to the employees concerned and
shall cease when the holder leaves office.
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ARTICLE 37 - EXCLUSION
benefits of this Agreement in respect of salary, bonus and
allowances shall be paid to all employees who are in service on the
date of signing of this Agreement and to employees who have been
promoted, or who have retired, or who have been medically boarded
out, or who had died whilst in service and who have resigned from
the service of the Bank.
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ARTICLE 38 - SUSPENSION OF CONTRACT OF SERVICE
An employee who is on approved
Unpaid Leave or on Prolonged Illness Leave in accordance with Article 30(9) of
this Collective Agreement shall be deemed to have not been in service for the
period the employee is on such leave and consequently, the employee shall not be
entitled to any benefits under the Collective Agreement, except for medical
benefits in the case of prolonged illness, for the duration of the period of
PROVIDED THAT an
employee who is an "officer" of a trade union and who is on approved Unpaid
Leave to enable the employee to carry out his/her duties as an officer of the
union shall not be deemed to have suspended his/her contract of service with the
Bank for the duration the employee is on such Unpaid Leave.
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39 - IMPLEMENTATION
- Arrears of Salary
(a) All arrears
of basic salary and Sarawak Allowance shall be effective from 01
January 2012 and shall be paid not later than 45 days from the
date of signing of this Collective Agreement.
other arrears of wages (“wages” as defined under the Labour
Ordinance Sarawak) under this Agreement from 01 January 2012
shall be computed and paid to employees not later than sixty
(60) days from the date of signing of the Collective Agreement.
than the above, all other payments, reimbursements and changes
will be effective from the date of signing the Collective
who commenced employment on or after 01 January 2012 at a salary
below the minimum of the new respective salary range shall be
adjusted to the minimum of the new salary range with effect from
the date of joining service.
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1. article 19
Present Salary Range
Revision at 10%+3% for Non-clerical and
10% for Clerical and Special Grade Clerical
New Salary Range
Annual Increment @ 5% Mid-point
* Note: The minimum & maximum salary for
Non-Clerical is inclusive of the additional 3% adjustment as
per MOA entitled “On Expanded Functions of Non-Clericals and other
Trade-Off Considerations involving Clericals and Special Grade
ARTICLE 19 (3) - SALARY ADJUSTMENT
An employee will be granted a 10% Salary Adjustment based on his
basic salary as at 31st December 2011. Examples of the calculations
are as follows:-
(10% + 3%)
The adjustment is calculated at 13% with
reference to the MOA entitled “On Expanded Functions of
Non-Clericals and other Trade-Off Considerations involving Clerical
and Special Grade Clerks”.
2. Employees who joined on or after
01.01.2012 at a salary below the minimum of the new respective range
shall be adjusted to the minimum starting salary in the salary range
with effect from the date of joining service.
(To the next higher Ringgit)
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