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Message Date : 29 Apr 2010 02:14:37 pm
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| Member : |
maismail |
| Join Date : |
29 Apr 2010 |
| Location : |
Perak |
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1) i join one company as a pioneer group,i join them because they give me a very good offer latter,in the offer latter they stated that i qualified to received all kind of allowance, can claim overtime, a very good group of insurance and they also give me very good anual leave. less than one year i work for them,they change everything..is this a good pratice for a start up company? now they cut all my allowance, reduce total of my annual leave,change the insurance policy,now i also cannot claim normal rate of overtime, is this allowed by malaysia goverment.. |
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Message Date : 7 Oct 2009 03:47:07 pm
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| Member : |
roslishirlin |
| Join Date : |
15 Sep 2008 |
| Location : |
Sabah |
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damonxs79,
If the company has made a commitment then they must follow it. Before any action is taken I would suggest the following:
1) Ensure the commission agreement is in writing
2) Have a heart-to-heart discussion with the management on this issue
If you are still working there then you wouldn't want to create a negative relationship with the company but your right is still your right.
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The Consultant says...Very well put, roslishirlin. damonxs79, please discuss your issue with your employer as per roslishirlin's advice. Keep us informed of the progress.
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Message Date : 10 Sep 2009 02:22:48 pm
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| Member : |
damonxs79 |
| Join Date : |
10 Sep 2009 |
| Location : |
Wilayah Persekutuan |
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My company is not releasing my comission (for 2008) with reason that some clients have not paid their outstanding for the current financial year (2009).
All dues for 2008 have been fully paid and accounting for that year is closed.
Can I take legal action against them?
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Message Date : 24 Mar 2009 05:19:11 pm
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| Member : |
vic1 |
| Join Date : |
7 Aug 2008 |
| Location : |
Wilayah Persekutuan |
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Hi villakanu,
Every employers has their own rights to add or remove allowances at any time. Furthermore, to protect the interest of the employers, they even pen it in the employee's letter of employment by stating that they have their right to withdraw the allowance..... However, whether to remove such allowance from accross the board or not, it must be justified/communicate clearly from the employer to all employees.
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The Consultant says...Please make reference to the case of Tractors Malaysia (1982) Sdn Bhd v. Kesatuan Pekerja-Pekerja Perdagangan Sabah Kota Kinabalu [1985] 1 ILR 646, where the Industrial Court held that "... the Company cannot impose any additional terms of service into the contract of service and thus unilaterally convert the whole basis of the contract."
Also, please make reference to the case of Devon Processing Sdn Bhd., Kelang (Substituted by) Agri-Bio Corporation Sdn Bhd v. All Malayan Estates Staff Union [1983] 1 ILR 196, where it was held that, "...In industrial law, it is worthwhile remembering that the relationship between an employer and employee in written contracts should be examined equitably to find out if the employee is bound by the terms he has undertaken.”
You may also want to be guided by the principle laid down by Lord Denning in Clifford Davies v. W.E.A. Records (A.E.L.R 1975 Vol. 1 at page 240) following Lord Diplock's view in Schroader v. MaCaulay (A.E.L.R. 1974 Vol. III page 624), where it was held that, "...If one party uses his superior bargaining power so as to 'exact... promises that were unfairly onerous', or 'to drive an unconscionable bargain', then the Courts will relieve the other party of his legal duty to fulfill it. He gave this pertinent example. A strong concern prepares a new standard form containing terms which are most unfair - and dictates to the customer: 'Take it or leave it'. The customer is in a weak position. He has no real option but to accept. The Court may decline to enforce it or, at any rate, may decline to enforce any term which is unfair to the customer, such as an exemption clause."
You may also make reference to S.69(1) and S.69B of the Employment Act 1955. S.69B of the Act is relevant to employees earning more than RM1,500 but not more than RM5,000 per month.
Thereafter, please reconsider your answer to villakanu in relation to the employer's right to unilaterally change the terms of employment contract. Thanks. |
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Message Date : 22 Jan 2009 04:36:36 pm
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| Member : |
villakanu |
| Join Date : |
18 Jun 2008 |
| Location : |
Wilayah Persekutuan |
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Hi.
Can a employer remove the allowances given indicating the economy slow down
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| The Consultant says...Simple question requiring comprehensive answer. Anyone? |
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Message Date : 21 Jan 2009 07:10:11 pm
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| Member : |
villakanu |
| Join Date : |
18 Jun 2008 |
| Location : |
Wilayah Persekutuan |
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Hi
Can any tell me.
Is the employer has the right to cut the salary 20% indicating businees slow due to global economic slow down
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The Consultant says...This is an interesting question. Should any member attempts to answer this question, please tell us whether the employer has such right; what are the exemptions to the general rule; and what the employee can do about it.
Also, don't forget to quote the relevant laws or Statutes being referred to. |
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Message Date : 25 Nov 2008 04:36:28 pm
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| Member : |
jensontng |
| Join Date : |
3 Aug 2006 |
| Location : |
Selangor |
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I wish to resign from the Company and my Company said that is the company policy that all resigned staff will be paid by cheque only on the 7th of next month. Including the bank processing time, the time when I got my money is maybe on the 10th already.
Can I take action against the company for the above? I am dissatisfy with the above.
1. I am not covered under employment act
2. The employment letter stated the payment of salary is on 7th of every month.
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Message Date : 25 Nov 2008 04:32:37 pm
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| Member : |
jensontng |
| Join Date : |
3 Aug 2006 |
| Location : |
Selangor |
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I believe Bonus is subject to company discretion whether to give to those who tender resignation.
All falls back to company policy or the collective agreement (Industrial Act) as the Employment Act did not cover any bonus matter.
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| The Consultant says...Fair comment. |
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Message Date : 29 Sep 2008 02:50:45 pm
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| Member : |
vira804 |
| Join Date : |
29 Sep 2008 |
| Location : |
Selangor |
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Regarding the payment of Bonuses, if i am serving my Notice of Resignation, am i entitled for the Bonus payment ? |
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Message Date : 19 Sep 2008 03:38:37 pm
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| Member : |
roslishirlin |
| Join Date : |
15 Sep 2008 |
| Location : |
Sabah |
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Anybody got the latest info on service charge for hotels? Is it part of wages?
Apart from that, should those on maternity & notice compensation be paid service charge?
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| The Consultant says...Refer to the definitions of "service charge" and "wages" in S.2 of the Employees Provident Fund Act 1991, and compare it with the definition of "wages" in the Employment Act 1955. Let me know your understanding. |
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