MAHKAMAH PERUSAHAAN MALAYSIA

[KES NO: 5/2-2566/18]

DIANTARA

KESATUAN EKSEKUTIF KELAB SEMENANJUNG MALAYSIA

DAN

ROYAL SELANGOR CLUB

AWARD NO. 2878 TAHUN 2019

DIHADAPAN : YA DATIN KALMIZAH BINTI SALLEH –

PENGERUSI

TEMPAT : Mahkamah Perusahaan Malaysia Kuala Lumpur

TARIKH RUJUKAN : 03.08.2018

TARIKH SEBUTAN : 07.09.2018; 15.10.2018; 22.11.2018; 14.12.2018;

14.01.2019; 28.02.2019; 13.03.2019; 19.07.2019;
11.09.2019; 27.09.2019; 11.10.2019; 24.10.2019

PERWAKILAN : Bagi pihak kesatuan - M Ethayakumar; Kongres

Kesatuan Sekerja Malaysia (MTUC)

Bagi pihak syarikat - Pennie Govindasamy; T/n

Bodipalar Ponnudurai De Silva

RUJUKAN

Ini adalah pertikaian di bawah Seksyen 26(2) Akta Perhubungan Perusahaan 1967
(“APP”) di antara Kesatuan Eksekutif Kelab Semenanjung Malaysia (selepas ini
disebut sebagai “pihak Kesatuan”) dan Royal Selangor Club (selepas ini disebut sebagai
“pihak Syarikat”).

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 AWARD

[1] Ini adalah satu perintah rujukan oleh YB Menteri Sumber Manusia ke Mahkamah
Perusahaan di bawah Seksyen 26(2) Akta Perhubungan Perusahaan 1967 yang timbul dari
pertikaian perusahaan mengenai Perjanjian Kolektif di antara Kesatuan Eksekutif Kelab
Semenanjung Malaysia dan Royal Selangor Club.

[2] Susulan daripada rujukan di atas, kes ini telah ditetapkan untuk sebutan dan
perbicaraan. Pada 19.07.2019, kes ini dipanggil untuk sebutan dengan kehadiran Encik M.
Ethayakumar yang mewakili Pihak Kesatuan dan Encik Anand Ponnudurai peguam.yang
mewakili Pihak Syarikat. Encik M. Ethayakumar telah memaklumkan bahawa kes ini tidak
dapat diteruskan dengan perbicaraan yang telah ditetapkan pada 29.07.2019 kerana pihak -
pihak berhasrat untuk menyelesaikan kes ini.

[3] Pada 11.10.2019, kes ini sekali lagi ditetapkan untuk sebutan dengan kehadiran
Encik M. Ethayakumar yang mewakili Pihak Kesatuan dan Encik Anand Ponnudurai
peguam yang mewakili Pihak Syarikat. Encik M. Ethayakumar telah memaklumkan
bahawa kedua-dua pihak telah mencapai penyelesaian dan akan menyediakan 10 se t
“Executive Union Collective Agreement (2018-2020)” untuk difailkan di Mahkamah.

[4] Pada 24.10.2019, kes dipanggil untuk sebutan dengan kehadiran Encik M.
Ethayakumar dari Kongres Kesatuan Sekerja Malaysia, wakil Kesatuan dan Cik Ponnie
Govindasamy dari Tetuan Bodipalar Ponnudurai De Silva, peguam yang mewakili Pihak
Syarikat. Kedua-dua telah mencapai persetujuan bersama seperti termaktub dalam
Perjanjian Bersama yang telah ditandatangani dan dilampirkan bersama -sama ini.

[5] Kes selesai.

DIPERTURUNKAN DAN BERTARIKH 31HB OKTOBER 2019

(KALMIZAH SALLEH)
PENGERUSI
MAHKAMAH PERUSAHAAN MALAYSIA
KUALA LUMPUR

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 EXECUTIVE UNION COLLECTIVE AGREEMENT

2018-2020

BETWEEN

ROYAL SELANGOR CLUB

AND

KESATUAN EKSEKUTIF KELAB SEMENANJUNG MALAYSIA

(Effective From 1 st January 2018)

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ARTICLE 1 - PARTIES TO THE AGREEMENT

1.1 This agreement is made between the Kesatuan Eksekutif Kelab Semenanjung
Malaysia having its registered address at No.33-2A, Jalan 8/125D, Taman Desa
Petaling, 57100 Kuala Lumpur being a trade union of employee s registered
pursuant to the Trade Union of Act. 1959 (hereinafter referred to as “the Union”)
and the Royal Selangor Club, having registered office at Jalan Raja, 50050 Kuala
Lumpur hereinafter referred to as “the Club”.

1.2 In the event either the Club or the Union changes its name or merges with any
other Clubs or business or union organization to the effect that the Club or the
union is wholly or partially absorbed by another organization, this Agreement shall
continue to be in force until its expiry.

1.3 The benefits provided by this agreement shall be applicable to all employees
covered by this agreement.

1.4 The Club will print this Agreement in English and Bahasa Malaysia and a copy of
the same shall be given to each employee. In the event of a dispu te between the
English and Bahasa Malaysia version, the English version shall prevail.

ARTICLE 2 - TITLE

2.1 This Agreement shall be known as the Royal Selangor Club Executive Collective
Agreement (hereinafter referred to as “Agreement”).

ARTICLE 3 - OBJECT

3.1 The object of this Agreement is to provide for a clear understanding of the
relationship between the Club and the Union in matters concerning the terms and
conditions of employment for all employees within the scope of Union
representation and to provide and improve the means for resolving any grievance
arising as a result of implementation, interpretation or any other matter contained
in this Agreement.

3.2 With the above object in view, both parties to this Agreement affirm their mutual
desire to create a relationship of mutual respect and confidence and agree to
implement the provisions of this Agreement.

ARTICLE 4 - SCOPE AND INTERPRETATION OF AGREEMENT

4.1 This Agreement shall supersede all other Agreements written or otherwise entered
into with the Club in so far as matters covered by this Agreement are concerned.

4.2 Subject to Clause 4.4 below, this Agreement shall apply to all employees in the
rank of Assistant Executive, Executive and Senior Executive except for those
excluded in Article 8.1 below and shall be the only binding contract in so far as
matters covered by this Agreement are concerned.

4.3 All employees who have left the services of the Club for any reason whatsoever
before the date of the Award shall not be entitled to the benefits of this Agreement.

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4.4 In the event during the period in which this Agreement is in force, a particular
category of employees or positions of employment, except those excluded
categories under Article 8.1 below, is created or established, the Club and the
Union shall without undue delay proceed to negotiate on the inclusion of such
category of employees or position of employment in the Article. For the removal of
doubt, the provision of this sub-article will not apply to current positions which
may be renamed in the future during the period of this Collective Agreement.

4.5 In this Agreement, unless otherwise specifically provided or unless the context
otherwise requires:-

4.5.1 The term “employee” or “employees” shall mean any and all of the
employees of the Club who are covered by this Agreement as specified in
Article 4.2 above.

4.5.2 In this Agreement, unless the context required, words importing the
masculine gender includes females and the words in the singular include the
plural.

4.5.3 The term “paid” as used in the description of rest days, .holidays and
various categories of leave to which an employee is entitled shall mean that
such rest days, holidays or leave are granted with full pay.

4.5.4 Periods of service in the Club’s employment shall include rest days,
holidays, paid leave and unpaid leave but shall exclude unauthorized
absences from work.

4.6 If any legislation is introduced which relates either in whole or in part to any of the
benefits contained in this Agreement then, if the benefits contained in this
Agreement are more favourable, they will continue to apply provided it is so
permitted by law/legislation. When the legislation provides for more favourable
terms than those contained in this Agreement, the provisions of such legislation
would automatically apply.

ARTICLE 5 - DURATION. MODIFICATION AND TERMINATION OF

AGREEMENT

5.1 This agreement shall take effect from 1 st January 2018 and shall continue to remain
in force for a period of three (3) years and thereafter, until superseded by a new
Collective Agreement or Award.

5.2 Any alternation, variation or modification to the terms and conditions of this
agreement shall be jointly deposited by both parties with the Industrial Court for its
cognizance within one (1) month from the date of such alternation, variation and
modification. After the court has granted cognizance, such alternation, variation
and modification shall be binding on the parties from such date and for such period
of time as may be specified in the variation agreement provided that such period
shall not commence earlier than the effective date of this Agreement.

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5.3 Either party may serve on the other three (3) months’ written notice to negotiate on
new terms and condition of employment and other related matt ers but no such
notice shall be served earlier than 1st September 2020. The party that serves the
notice shall also submit proposals on terms and conditions of employment for
negotiation shall also determine the date and time for any meeting. In the event of
deadlock in negotiation, the provisions of the current terms and conditions of
employment shall prevail until superseded by new terms and conditions concluded
between the parties or by an Award of the Industrial Court.

ARTICLE 6 - SETTLEMENT OF DISPUTES

6.1 Any dispute relating to the interpretation and implementation of any of the articles
of this Agreement shall, unless settled by negotiation between the Club and the
Executive Union, be referred to the Industrial Court under the provisions of the
Industrial Relations Act 1967.

ARTICLE 7 - RECOGNITION OF THE CLUB

7.1 The Union recognizes the rights of the Club to operate and manage its business in
all respects, in particular without derogating from the generality of the foregoing,
to determine the numbers and deployment of the work force and the contents of
jobs, to establish rules and regulations on operations and safety; to determine the
efficient utilization of the work force, tolls and equipment, the means, methods,
processes, materials, procedures and schedules od production, to engage, promote,
retrench, transfer, discharge, suspend or otherwise discipline any employee for
proper cause, subject to the provisions of any law for the time being in force. In the
exercise of its Management rights, the Club shall not violate any of the express
provisions of this Agreement.

7.2 The Union agrees that none of its officers who are employees of the Club, shall
engage in union activities on the Club’s time or at its premises except with the
Club’s consent.

ARTICLE 8 - RECOGNITION OF THE UNION

8.1 The Club recognizes the Executive Union as the exclusive collective bargaining
principal in respect of and on behalf of all employees included in Article 4.2 above
(including fixed term employees who come within the scope of representation of
the Union) but excluding the following:-

(i) Employees employed in a managerial capacity;

(ii) Employees employed in a confidential capacity;
(iii) Employees employed in a security capacity;
(iv) Employees employed in a financial capacity;
(v) Employees employed under direct contract;
(vi) Temporary employees employed for a continuous period or periods of not
more than six (6) months; and
(vii) Independent contractors

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ARTICLE 9 - TRADE UNION LEAVE

9.1 An employee intending to carry out his duties or to exercise his rights as an officer
of a trade union shall apply in writing to the Club for leave of absence at least three
(3) days in advance stating the duration of and the purposed for which such leave is
applied for and the Club shall grant the-application for leave-if the duration of the
leave applied for is for a period that is no longer that what is reasonably required
for the purposes stated in the application.

Provided that:-

(i) The employee shall not be entitled to paid leave for the duration of his
absence if the purpose for which he is absent from is not to represent the
members of the Union in relation to industrial matters concerning the Club;

(ii) There is no serious disruption to the operations of the Club ’s business; and

(iii) Any application shall be subject to a maximum of two (2) employees at any
one time

ARTICLE 10 - GENERAL UNDERTAKING

10.1 The Club and the Union would endeavour to create a healthy and harmonious
relationship amongst all the Club’s employees to the best of their ability and to
exert all efforts to settle the differences that may arise by amicable means through
negotiations, consultations and collective bargaining, in order to fulfill each other ’s
objectives and achieve goodwill and understanding.

ARTICLE 11 - GRIEVANCE PROCEDURE

11.1 Purpose

It is the desire of both parties to this Agreement that grievances arising between an
employee registered with the Executive Union and the Club is to be settled as
equitably and as quickly as possible. In pursuance of this, it is agreed that
grievances should be processed according to the following procedure with the aim
of reaching agreement at the lowest possible level and of maintaining continuous
good relations between both parties. All complaints and gri evances shall be
writing.

11.2 Definition of Grievance

A grievance shall be defined as any complaint by the employee concerned which he

brings to the attention of his immediate superior and which is subsequently not
settled to the satisfaction of the employee.

11.3 Procedure

The following procedures shall be followed in dealing with any complaint provided
that the time limits prescribed in this Article may be waived by mutual agreement:

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 STEP 1

Any employee, registered with the Executive Union, having any grievance may in
the first instance may refer his/her grievance and discuss such grievance at a
meeting held between the employee concerned, the Chairman or Secretary of the
Executive Union’s In House Committee, the Head of Department and the Head of
Human Resources of the Club, within five (5) working days. Such reference to the
Head of Department and the Head of Human Resources of the Club shall be in
writing, giving three (3) working days’ notice of intention to meet and discuss the
matter. Any alleged grievance not reported within the stipulated five (5) working
days of its occurrence shall cease to be a grievance.

STEP 2

If no solution is reached after invoking Step 1, a meeting shall be held between the
Union and the Senior Manager or General Manager of the Club, within five (5)
working days. Reference to the Senior Manager or General Manager of the Club
shall be in writing, giving three (3) working days’ notice of intention to meet and
discuss the matter.

STEP 3

If within five (5) working days of invoking Step 2, the grievance is not resolved,
the matter may be dealt with in accordance with the relevant legislation.

11.4 Any dispute of a general nature between the Club and the Executive Union shall in
the first instance be referred by way of a written r epresentation to the Head of Human
Resources of the Club and the General Manager of the Club for a resolution failing which,
the Club or the Executive Union may refer the matter to the Director General of Industrial
Relations for conciliation and to be dealt with in accordance with the provisions of the
Industrial Relations Act 1967.

ARTICLE 12 - PROBATION AND CONFIRMATION

12.1 Every employee engaged with a view for regular employment shall serve a
probationary period of six (6) months, which may be extended for a further period
not exceeding three (3) months. In the event of any extension, the employee shall
be informed in writing of the extended probationary period.

12.2 On completion of the probationary period or any extended period thereof under
Article 12.1 above, the Club shall inform the employee in writing as to whether he
is confirmed in employment or terminated in accordance with Article 12.4 below.
In the absence of such notification in writing, the employee shall be deemed to be a
probationer until informed in writing.

12.3 Upon confirmation of a probationer, his service with the Club shall be deemed to
have commenced from the date of his first appointment as probationer.

12.4 Either party may, at any time during or at the end of the probati on period or any
extension thereof, give to the other party two (2) weeks ’ notice to terminate the
contract of employment or by payment in lieu thereof.

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ARTICLE 13 - PROMOTION

13.1 The Club’s policy of promoting employees from lower grade shall continue, subject
to there being qualified applicants for consideration for promotion to higher grade.

13.2 Notwithstanding the provisions of Article 13.1 above, the Club has the right to fill
any such vacancy by external recruitment, at its sole discretion.

13.3 An employee selected for promotion will be required to complete a probationary

period of three (3) months in the higher grade/post. The probation period on
promotion may be extended for a further period of three (3) months.

13.4 When an employee is promoted from his present grade to a higher grade, he shall
receive a salary adjustment to bring him within the range of the salary scale of the
higher grade. Any increment shall be at the absolute discretion of the Club.

13.5 Should an employee be found not suitable during the probationary period or any
extended period thereof, the employee shall be reverted to his former grade/post (
in the case of a probationary promotion) or to another position compatible to his
capability in the same grade and shall be paid the same salary that he last drew or
would have drawn, without any prejudice to his future promotional prospect.

ARTICLE 14 - TRANSFER

14.1 During the course of the employee’s employment with the Club, the Club may at its
discretion, transfer, assign and/or second the employee to another department or
section or location based on operational requirements or work exigencies subject to
the provisions of Section 13(3) (b) of the Industrial Relations Act, 1967.

14.2 The right to transfer, assign and/or second includes the right to transfer, assign
and/or second employees to any newly formed department, section or location of
the Club.

14.3 For the removal of doubt, Union Members shall not be assigned as Duty Managers.

ARTICLE 15 - DISCIPLINE

15.1 The Club may take disciplinary or appropriate action against any employee in the
event of misconduct, inefficiency or indiscipline or any breach of the terms of this
Agreement and such action shall be confirmed in writing.

15.2 The Club, may, on the grounds of misconduct inconsistent with the fulfilment of
the expressed or implied conditions of service after due inquiry: -

(i) Dismiss an employee without notice;

(ii) Downgrade the employee;

(iii) Impose any other lesser punishment as the Club deems just and fit and where
a punishment if suspension without wages is imposed, it shall not exceed a
period of two (2) weeks.

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15.3 Where the Club institutes an inquiry, the Club shall give the employee concerned
an opportunity to be heard and may, if the employee so desires, be re presented by a
representative from the Union.

15.4 For the purposes of investigation and/or inquiry, the Club may suspend the
employee concerned for a period not exceeding two (2) weeks during which period
he shall be paid half of his basic salary. If the suspension period should exceed two
(2) weeks, the employee concerned shall be paid his full salary.

Provided that if the investigation and/or inquiry does not disclose any misconduct
on the part of the employee, the Club shall reimburse to the employee th e full
amount of salary so withheld.

15.5 During the suspension period for the purposes of investigation and/or inquiry, the
employee may be notified in writing to report at his normal place of work on a
specified date and time during working hours to facilitate the investigation and/or
inquiry process.

15.6 An employee against whom an action had been brought under this Article cannot
invoke the Grievance Procedure under Article 11 above.

ARTICLE 16 - APPOINTMENT AND TERMINATION OF EMPLOYMENT

16.1 The Club shall inform newly appointed employees, in writing, the starting basic
salary and that the terms of his employment with the Club are governed by the
provision of this Agreement.

16.2 The Club may appoint temporary, part-time or contract workers in circumstances
such as arising from cases of abnormal increase in volume of work, special
projects, protracted leave, absence or re-organization of the Club’s business or
operations or during the course of renovation works or for any work which are
temporary in nature.

16.3 Other than in cases of termination arising out of or related to misconduct or

inefficiency or in the case of probationers who are new appointees, either the Club
or the confirmed employee may, at any time terminate the contract of employment
with one (1) month’s written notice or by payment of one (1) month’s salary in lieu
of termination thereof.

ARTICLE 17 - WORKING HOURS

17.1 The working hours for Office and Administrative employees is as follows: -

Monday - Friday 9.00 a.m - 5.30 p.m

(including a break of one (1) hour for meal)

Alternate Saturdays 9.00 a.m - 1.00 p.m (without any break)

17.2 Operational employees (i.e. shift employees) shall work six (6) days a week, which
shall consist of eight (8) hours of work (including a break of one (1) hour for meal)

17.3 The commencing and ending points of normal hours of work of -an employee shall
be determined by the Club and the duty roster for employees of the respective
departments and sections shall be prepared and informed to employees in advance.

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17.4 The Club however, reserves the right to reschedule the normal hours of work to suit
operational requirements as and when the need arises.

17.5 The Club shall, notify the employees from time to time, the actual time they shall
be required to start or stop work and the actual time for meal breaks.

ARTICLE 18-REST DAY

18.1 Employees shall be entitled to one whole day of rest in each week.

18.2 The rest day for Office and Administrative employees shall be Sunday. The rest
day for Operational employees shall be determined and rostered by the Club at the
beginning of each month.

18.3 Work on a rest day shall be at the request of the Club and with the consent of the
employee, but such consent shall not be unreasonably withheld.

18.4 An employee, who at the request of the Club, works on a rest day, shall be entitled
to a substituted rest day which shall be determined by agreement between the
employee and the Club.

ARTICLE 19 - PUBLIC HOLIDAYS

19.1 Every employee shall be entitled to all public holidays gazette by the Federal
Government.

19.2 For office and Administrative employees, if any of the public holidays referred to
in Article 19.1 above falls on a weekly rest day, the working day following
immediately thereafter shall be a paid holiday in substit ution of that public holiday.

19.3 For Operational employees, any of the public holidays referred to in Article 19.1,
may be substituted with any other day as agreed between the employee and the
Club. Such subsidisation shall be utilized within two (2) mon ths of the said public
holiday.

19.4 The Club reserves the right to request an employee to work on any of the public
holidays specified above and the employee shall not unreasonably refuse to do so.

19.5 Any employee who absents himself from work on the working day immediately
preceding or immediately succeeding a public holiday or two or more consecutive
public holidays or any day or days substituted thereof under this Article, without
prior consent of the Club, shall not be entitled to any holiday pay or consecutive
holidays unless he/she has a reasonable excuse for such absence.

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ARTICLE 20 - ANNUAL LEAVE

20.1 Every confirmed employee shall be entitled to paid annual leave as follows: -

(i) 14 days for every twelve (12) months’ of continuous service with the Club if
he has been employed for a period of less than two (2) years;

(ii) 16 days for every twelve (12) months’ of continuous service with the Club if
he has been employed for a period of two (2) years or more but less than
five (5) years;

(iii) 21 days for every twelve (12) months’ of continuous service with the Club if
he has been employed for a period of five (5) years or more.

20.2 Leave entitlement for any incomplete calendar year of service shall be calculated
proportionately.

20.3 Annual leave shall be in addition to rest days, public holidays and sick leave to
which an employee is entitled under the provisions of this Agreement.

20.4 Employees are required to utilize the leave entitlement of a year within that year.
Any unutilized leave shall be forfeited at the end of that year.

20.5 Where the employee is unable to take his leave within the specified period
stipulated in Article 20.4 above due to exigencies of service, the employee may,
with the prior written approval of the Club, carry forward such unutilized annual
leave to the following year. Any such carried forward leave must have the sanction
of the General Manager and must be in writing.

20.6 Accumulated annual leave must be utilized on or before 31st March of the said
following year. Accumulated leave not taken under the conditions and within such
periods stipulated shall be forfeited.

20.7 Application for annual leave, except in emergency cases, shall be submitted at least
seven (7) days in advance.

20.8 The Club reserves the right to arrange or re-arrange leave programs for employees
in accordance with its operational needs.

20.9 Subject to the written approval of the Club, an employee may be permitted to take
any unconsumed annual leave at the time of resignation to set off against the one
(1) months’ notice of termination.

20.10 Annual leave taken on a Saturday shall be deemed to be one (1) day.

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ARTICLE 21 - SICK LEAVE

21.1 Every employee shall, on production of a medical certificate from a registered

medical practitioner appointed by the Club or in the case of emergency by any
registered medical practitioner or medical officer of a Government Hospital, be
entitled to paid sick leave as follows:-

21.1.1 Where no hospitalization is necessary:-

(i) An employee who has completed less than two (2) years’
service shall be entitled to fourteen (14) days per year;

(ii) An employee who has completed two (2) years’ service or

more but less than five (5) years’ service shall be entitled to
eighteen (18) days per year;

(iii) An employee who has completed five (5) years’ service or

more shall be entitled to twenty two (22) days per year;

21.1.2 Where hospitalization is necessary, an employee shall be entitled to

sixty (60) days in the aggregate per year.

21.2 Where an employee is entitled to both Hospitalization and Non-Hospitalization sick

leave in any one calendar year, the total number of days of entitlement to paid sick
leave shall not exceed sixty (60) days in that calendar year.

21.3 An employee who is granted sick leave by a registered medic al practitioner

appointed by the Club or in the case of emergency by any registered medical
practitioner or a medical officer of a Government Hospital, should inform the Club
within forty-eight (48) hours of the commencement of such leave, failing which he
shall be deemed to absent himself from work without the permission of the Club
and without reasonable excuse for the days on which he is so absent from work.

ARTICLE 22 - MATERNITY LEAVE

22.1 Every female employee shall be entitled to maternity leave and maternity
allowance in accordance with Part IX of the Employment Act 1955.

22.2 Every female employee shall be granted sixty (60) consecutive days maternity
leave (rest days and public holidays included) on full pay in respect of each
confinement, after 22nd week of pregnancy.

22.3 The application for maternity leave shall be made to the Head of Human Resources
of the Club at least 45 days prior to the expected due date and shall be supported
by a certificate from a medical officer or a registered medical p ractitioner
appointed by the Club.

22.4 Leave of absence from work owing to any illness or miscarriage prior to the 22 nd
week of every female employee’s pregnancy shall be considered as sick leave.

22.5 Notwithstanding Article 22.1 above, a female employee shall not be entitled to any
maternity allowance if at the time of her confinement she has five or more
surviving children.

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ARTICLE 23 - COMPASSIONATE LEAVE

23.1 The Club may grant paid compassionate leave to employees for the following
purposes:-

(i) Death of immediate family member - 3 days

(ii) Paternity Leave - 2 days

(male employees)

(iii) First Legal Marriage Leave - 3 days

23.2 Any employee who is entitled to compassionate leave referred to hereinabove shall
produce relevant documents to the Club for verification, either before or after such
leave is taken.

23.3 Compassionate leave shall not be accumulated and carried forward and if unused,
shall be forfeited at the end of the year.

23.4 For the purposes of this Article, “immediate family member” means the legal
spouse, children, parents, brother, sister and parents-in-law.

ARTICLE 24 - DISABLEMENT

24.1 The Club will do its .best to provide alternative employment for any employee who
suffers disability due to sickness arising out of and in the course of employment or
accident sustained out of and in the course of employment, subject to availability
of suitable vacancies and provided that the employee is certified fit for
employment by the Club’s medical practitioner.

ARTICLE 25 - INDUSTRIAL ACCIDENT

25.1 No employee shall be entitled to paid sick leave for the period during which the
employee is receiving any compensation for disablement under the Employees
Social Security Act 1969.

ARTICLE 26 - MEDICAL BENEFITS

26.1 All employees shall be entitled to out-patient medical attention and treatment by a
registered medical practitioner appointed by the Club or in the case of emergency
by any registered medical practitioner, at the expenses of the Club, subject to a
maximum of RM 500.00 per year.

26.2 The hospitalization benefits as provided under the Group Hospital & Surgical
Insurance Policy taken out by the Club and subject to the limit and terms of such
policy.

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26.3 Notwithstanding Articles 26.1 and 26.2 above, the medical benefits provided by the
Club shall NOT include the cost of following:-

(i) Medical or surgical or other appliances such as artificial limbs, spectacles,

glasses, contact lenses, optician fees and deaf aid equipment;

(ii) Dental treatment including the cost of dentures;

(iii) Any expenditure incurred in respect of pregnancy, confinement or

miscarriage;

(iv) Any expenditure incurred as a result of self-inflicted injuries, illness or

disease;

(v) Any expenditure incurred as a result of injury caused by misconduct on the

part of the employee;

(vi) Any expenditure incurred as a result of illness, injury or disablement arising

from any participation in or attending any hazardous sports, pursuit or past-
time, attempted suicide, the performance of any unlawful act, exposure to
any unjustified hazards not in the course of duty, provoked assault, the use
of drugs not medically prescribed, congenital anomalies, illegal abortive
measure, excessive use of alcohol or any breach of the peace or disorderly
conduct, any surgery for beautification purposes;

(vii) Cost of vitamins and food supplements.

ARTICLE 27 - SALARY AND ANNUAL INCREMENT

27.1 The salary scale of employees shall be as follows:-

Starting Maximum Annual Increment

No Rank
(RM) (RM) (RM)

1 Assistant Executive 2,100 3,500

2 Executive 2,400 4,500 Club’s prerogative

3 Senior Executive 2,700 5,000

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27.2 An employee who has reached the maximum of his salary scale is to remain at the
top of his scale until he is moved up to a higher scale on promotion.

27.3 All salary adjustments will be given in writing to the employee stating the effective
date thereof.

27.4 Any annual increment up to the maximum salary of each scale shall be at the
absolute discretion of the Club depending on the financial performance of the Club
and the individual employee.

ARTICLE 28 - BONUS

28.1 Annual bonus may be paid at the sole discretion of the Club, depending on the
Club’s financial status and immediate past performance of the Club as well as that
of the individual employee.

ARTICLE 29 - EMPLOYEES PROVIDENT FUND

29.1 Both the Executive Union employee and the Club shall contribute to the Employees
Provident Fund in accordance with the Employee Provident Act 1991.

ARTICLE 30 - UNIFORM AND FOOTWEAR

30.1 The Club shall provide to all uniformed employees three (3) sets of uniform per
calendar year.

30.2 The Club shall also provide two (2) pairs of shoes during the initial year of joining
service. Thereafter, the employees shall receive one (1) pair annually.

30.3 The Club shall determine the design and type of uniform as well as the type shoes
(personalized items)

30.4 Employees provided with such personalized items shall wear them at all times
during working hours. All such personalized items shall remain the property of the
Club and must be returned to the Club upon termination of service.

ARTICLE 31 - RETIREMENT

31.1 The retirement age of all employees shall be on attaining the age of sixty (60) years
in accordance with the Minimum Retirement Age Act 2012.

Notwithstanding the above, all employees shall have the option to retire upon
reaching fifty-five (55) years of age. Such option shall be exercised in writing by
giving one (1) months’ notice before the 55th birthday.

31.2 In the absence of a Birth Certificate, the date of birth as shown in the Ident ity Card
of the employee concerned shall be deemed to be the age for the purpose of
determining the retirement age. In the case where only the year of birth is stated in
the Identity Card, it will be assumed that the employee ’s date of birth shall be 31st
December of that year as shown in the Identity Card.

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ARTICLE 32 - EXISTING BENEFITS

32.1 Any existing benefits not covered under the provisions of this Agreement, shall
continue to remain in force.

ARTICLE 33 - APPLICATION OF THIS AGREEMENT

33.1 All benefits of this Agreement will be effective from the date of the Award.

ARTICLE 34 - RETRENCHMENT & RETRENCHMENT BENEFITS

34.1 The Club will endeavour to keep in employment all its employees who continue to
perform satisfactorily. Should there be unavoidable circumstances which
necessitate a reduction in the work force, for whatever reasons, the employees to be
selected for retrenchment shall be on the basis of last in first out except under
special circumstances as determined by the Club.

34.2 All Supervisor and Executive if retrenched will be given two (2) months’ notice
prior to the retrenchment or two months’ wages in lieu thereof.

34.3 Supervisor and Executive if retrenched shall be entitled to retrenchment benefit at

the same rate of one month’s last drawn salary from each year of service.

ARTICLE 35 - RETIREMENT GRATUITY

35.1 The Club shall pay retirement gratuity to the following categories of employees:

a) All members of the Executive Union who have served the Club as an
Executive for more than 15 years and who reach their retirement age of 60
within this Collective Agreement period;

b) All members of the Executive Union who joined the Club in the post of
Executive or became an Executive as at 2017;

i) In this case, the retirement gratuity payment shall only be applicable

to eight (8) Executives Union Members who fit the criteria mentioned
in 35.1 a) & b) above. They are eligible for the gratuity sum upon
retirement as mentioned in 35.1 a) above. The eight (8) Executives
are as follows:-
1. Mustakim Bin Hj. Abbas
2. Haslina Binti Latiff
3. Hairudin Bin Abd Hamid
4. Balasanmugam AIL Rajagapaf
5. Peter AIL A. Sebastian
6. Jayakanthan A/L M. Arumugam
7. Sivamohan A/L Subramaniam
8. Mohd Azuwan Bin Johari

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 c) All members of the Executive Union mentioned in 35.1 b) i) (No. 1 to 8)
above, who have to retire from service on medical grounds within the
Collective Agreement period.

d) All members of the Executive Union mentioned in 35.1 b) i) (No. 1 to 8)

above, who died during the Collective Agreement period (pa yment to be
made to the personal representative/administrator of the estate)

35.2 The formulation for the Retirement Gratuity is:

● Monthly salary as at 31.12.2017 x total numbers of years of service (pro -

rated to the last month of service).

35.3 The mode of payment shall be direct payment to the employee upon retirement.

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IN WITNESS whereof the parties hereto have hereunto set their hands the day and year
first above written:

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