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  Forum Subject : General Issues

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  Message Date : 16 Mar 2010 01:20:05 pm
Member : Gauri
Join Date : 16 Mar 2010
Location : Melaka
Hi,

My employer has not pay the salary for the month of February.Every month we recieved the pay late and usually by 10th of every month and now no news at all.When called the Main office in KL no answer and there's no news from the management at all.Seems like the company has close down and we are working here in Melaka without any updates.Please advice have can we claim our salary.
  Message Date : 2 Apr 2009 02:59:43 pm
Member : ada123
Join Date : 2 Apr 2009
Location : Selangor
Dear All

We had issued Memo to the branch personnel for the branch closure and also stated company give 2 months advance notice for the employment termination. Need to close the branch due to insufficient contribution and low business activities. HR overlook the situatuion as didn't get the employees (2 only and both are close relative to the boss) endorement on the Memo as everything base on turst and mutual understanding. Just fax the Memo to the branch and no employement termination letter given.

Now after 10 months one of the staff is asking for 2 months salary due to the office closure.

My question is can the the staff lodge a complain to IR for unfair dismissal or take legal action against the company?

Appreciate your expertise advise on this as I have the responsibility to make sure that the company is using the correct way in dealing with branch closure and the staff.

Tq in advance

  Message Date : 27 Sep 2008 03:09:33 pm
Member : roslishirlin
Join Date : 15 Sep 2008
Location : Sabah
emune,

Personal particulars of any employee is private and should not be shared and only accessed by relevant parties. However, important info such as telephone number may be given to people who may need it, i.e receptionist, colleagues etc.

I would suggest you get clarification from the company on these issues.

The Consultant says...You may want to make reference to the proposed Personal Data Protection Bill that was supposed to be enacted in Malaysia in year 2002 (but has been delayed for various reasons). The proposed law sets out data protection principles governing the collection, use, disclosure, accuracy, retention, access to and security of personal data. Although the law is currently not in force, in upholding its its good intention, I would think it is best to treat all employment data as confidential.
  Message Date : 9 Sep 2008 03:17:12 pm
Member : confused
Join Date : 9 Sep 2008
Location : Selangor
My new boss stripped me of all my existing tasks. I'm not allowed to do any work. I've never had any work problems and been getting good remarks from previous boss. Now this new boss makes me feel useless and cheated. The boss been taking away my tasks to distribute it to other"incompetent" collegues who do not see the value of doing your job truthfully and sincerely. I'm so confused. What should I do?? Does this falls under grievances? Tq.
  Message Date : 17 Jul 2008 10:32:21 am
Member : RTSW
Join Date : 17 Jul 2008
Location : Selangor
IF STAFF IS GIVEN A FIXED ALLOWANCE E.G. CAR OR HANDPHONE DUE TO THE NEEDS OF THE WORK AND LATER WHEN HE/SHE POSITION TITLE HAS CHANGED AND HE/SHE NEEDN'T TRAVEL, CAN THE COMPANY REMOVE THE ALLOWANCES GIVEN TO THEM? IS THIS AGAINST THE EMPLOYMENT ACT?
  Message Date : 17 Jul 2008 10:27:30 am
Member : RTSW
Join Date : 17 Jul 2008
Location : Selangor
OUR COMPANY PROVIDES SALES INCENTIVES TO ENTITLED SALES STAFF QUARTERLY AND STAFF SIGNS A LETTER OF ACKNOWLEDGEMENT OF RECEIPT OF THE INCENTIVE PLAN.
SO, IF THE COMPANY DECIDES NOT TO GIVE THE INCENTIVE TO SOME PARTICULAR STAFF, IS THIS AGAINST THE EMPLOYMENT ACT/LABOUR LAW AND CAN WE DO THAT? THIS IS NOT STATED IN THE EMPLOYEE HANDBOOK OR APPOINTMENT LETTER.
  Message Date : 9 Jul 2008 05:16:27 pm
Member : chacko
Join Date : 9 Oct 2006
Location : Selangor
I have tendered my resignation and leaving the company in 1 month's time. Can the employer withold my last month's salary pending income tax clearance eventhough I am not leaving the country and can provide the name of my next company I am joining? If they can't, please quote me the relevant law or where I can find the guidelines on this. I pressume it should be something to do with Income Tax (PCB section).

The Consultant says...Let's wait and see what other members have to offer (in term of advise/comment) in relation to your questions. I am maintaining my original role as moderator, and not as advisor in this Public Forum. Otherwise, no one will want to participate in this forum.

However, you can always go to Private Consultation if you want to seek my advise.
  Message Date : 4 Jul 2008 02:10:58 pm
Member : emune
Join Date : 4 Jul 2008
Location : Selangor
Does company have rights to disclose personal contact to all staff in the company?

The Consultant says...Let's wait and see what other members have to offer (in term of advise/comment) in relation to your questions. I am maintaining my original role as moderator, and not as advisor in this Public Forum. Otherwise, no one will want to participate in this forum.

However, you can always go to Private Consultation if you want to seek my advise.
  Message Date : 24 Jun 2008 03:46:37 pm
Member : magdaff
Join Date : 24 Jun 2008
Location : Melaka
Hi I need some help on my current employment. I recently accepted a job offer in May and I joined my current employer on May 26 till today. I found out last Friday (June 20) that I am 6 weeks pregnant. I am unsure of what to do? Should I tell my employer of my situation or wait until the pregnancy is confirmed at 3 months? Can they terminate me based on this? Am I entitled to MC should there be any complications during the pregnancy? I look forward to your reply. Thank you.

The Consultant says...Let's wait and see what other members have to offer (in term of advise/comment) in relation to your questions. I am maintaining my original role as moderator, and not as advisor in this Public Forum. Otherwise, no one will want to participate in this forum.

However, you can always go to Private Consultation if you want to seek my advise.
  Message Date : 22 May 2008 06:36:13 pm
Member : yclooi7
Join Date : 22 May 2008
Location : Wilayah Persekutuan
I don't have any letter that show i was employed by the said company. but, I have send message by phone to her, she also reply me by SMS that she will bank in the salary to me.

The Consultant says...You are going to have a tough time proving your case in Court. Not impossible, but difficult.

Let's consider the definition of "contract of service" (as provided by Section 2 of the Employment Act 1955), where, “contract of service” means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract.

Can your SMS's prove the above elements?

 

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