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Confused & Frustrated
154 Views  ⚫  Asked 11 Years Ago
asked on Sep 26, 2004 at 03:33
by   Dragon
Hi everyone...
I and few of my friends worked in company "O" as a tele-marketer more then one month ago. We now have problem with the management regarding the payment. Actually all of us have quit the job. To be exact we have worked for 4 completed weeks whereby according to the code of conduct signed by us it was stated "ALL NEWLY RECRUIT EMPLOYEES MUST FULLY COMPLETE HIS/HER PROBATION PERIOD - 4 WEEKS TO QUALIFY FOR FIRST SALARY.FAILURE TO COMPLY WILL RESULT IN FORFEITURE OF FULL SALARY". So it means that all of us are qualify for the first salary. Our salary consist of basic pay (without any deduction for EPF/SOCSO) plus commission for every sale made and bonus. However what was paid to us are less than what we should get, infact what we got are less then the basic pay that the company must pay us! regardsless of the commission that we must get for all the sale we made in these 4 weeks time.

For your information, all our salary not paid in time. We completed our 4 weeks probation period on the 11th of Sept. but we only received our check on today i.e. 25th of Sept. Which means our pay being hold by our employer for extra 1 week.

These are the extract of our Code of Conduct:
- EMPLOYEES HAVE TO ACHIEVE MINIMUM OBJECTIVE OF 2 SALES PER SHIFT.

- ALL NEWLY RECRUIT EMPLOYEES MUST FULLY COMPLETE HIS/HER PROBATION PERIOD - 4 WEEKS TO QUALIFY FOR FIRST SALARY.FAILURE TO COMPLY WILL RESULT IN FORFEITURE OF FULL SALARY.
NEWLY EMPLOYED STAFF IS REQUIRED TO WORK FOR A MINIMUM OF 4 WEEKS WITHOUT LEACE/ABSENCE TO QUALIFY FOR THE 1ST MONTH PAY.

- ANY ABSENCES WITHOUT PRIOR NOTIFICATION SHALL BE CONSIDERED AS A RESIGNATION AND WILL RESULT IN A DEDUCTION OF ONE DAY PAY BECAUSE THE COMPANY APPLIES THE PRINCLE OF NO OWRK NO PAY.

- ANY ABSENCES (OF ONE OR MORE DAYS) DUE TO ILLNESS MUST BE SUPPORTED BY A DOCTOR'S NOTE.

these are the code related to payment. Besides that 4 complete weeks, all/majority of us have been placed as a part-time worker for another 1 week and 2 of us have worked part-time for 2 weeks. We were then being asked by our manager to leave the office 'nicely' being told to leave with reason that we couldn't achieve target, where they will call us to get the cheque once it is ready. No termination letter nor there were any resignation letter provided by either party. We are so frustrated because the company didn't pay us our agreed salary which is the basic salary which was fixed by the company.

Every time we mentioned about the late payment (when all of us were still working in the office) the management will come up with some new excuses. The latest excuses given to us were that our payment is calculated on daily basis so if we didn't go to work means no pay. Some of us come everyday, some of us did absence for some urgent matter  BUT with the manager's permission/knowledge, some didn't turn-up BUT supported with Doctor's note. If they want to count on daily basis isn't it they shouldn't mention there is a basic pay for all of us instead what should they say is we are paid this much per day???

Another excuse, "...we don't pay for public holiday..." there is one public holiday i.e 31st Aug. in our 4 weeks probation period; so we are not entitle for pay for that day!

Another excuse, when we 1st join the company we were given on-job-training for 2 days and we start the actual function of a Tele-marketer on our 3rd day. Now the management is saying that we are not entitle for the pay for these 2 days.

Our Q are as follows:

1. Are we entitle for the full basic pay as agreed upon during the interview process?
2. Are the excuses given by the management is valid? when all of us were not told about these "excuses" when we were interviewed nor during our 1st day at work?
3. Are we entitle for the pay for the 1st 2 days where there were training provided for us?
4. There are no EPF/SOCSO contribution by the company. Is this against the law? For your information this company is Singapore based.
5. Our 1st pay were being hold for so long and until today we cannot enjoy the money as we are not satisfied but we are in dire need of money at this point of time. If we bank in the cheque (with the unsatisfactory amounts stated on it), does that mean we accept the pay given by the employer? If YES, do we need to clarify with the management in regards the disputes that arose?
If NO, can we still clarify after we bank in and used the money?
(for your info. the manager went outstation and will only be back by next month).

Please do help us. Thank you.
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answered on Sep 26, 2004 at 12:34
by   iradvice
1. Yes you are entitled to the full basic pay if you had worked on all working days. You may not be paid for absences.
2. You do not have to worry about 'excuses'.They are merely interpretations by your employer. You need to look at your contract and the Employment Act to know your entitlements.  You have not indicated your earnings per month. If it does not exceed RM1500 per month (excluding commissions/overtime) you are covered by the Employment Act. Now we shall look at the 'excuses',
-payment is calculated on daily basis so if we didn't go to work means no pay. Even though you are a monthly rated employee it is not fair to expect payment for not working. It is not a deduction but a non-payment for no work done.
-absent with sick certificate - you are entitled to sick leave and on those days when you were on sick leave, you are entitled to pay.
- pay for public holiday on 31/8.You are entitled to pay for that day provided you had worked on the working day immediately before and after the public holiday.
3.You are entitled to payment for the two days of training unless your employer had told you that you will not be paid for the two days before you underwent the training.
4. You are entitled to EPF & Socso.It is an offence for an employer not to pay Socso & EPF. A Singapore company is no exception. You should report this to EPF and the Socso office.
5. Paying salaries late to employees is an offence under the Employment Act. If you notify the Labour Department they may prosecute the employer for such offence.You should bank in the cheques and get your hard earned cash. After accepting the money you can still pursue the matter {non payment)with your employer. Write him a letter making your demands and give him 7 days to respond.Inform your employer you will be reporting the matter to the Labour Department/EPF and Socso if he does not settle. That will give him the message.If he does not visit the nearest Labour Office and file your claim. Your colleagues can join you and file a joint claim. Also report the matter to the EPF and Socso Offices.
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answered on Sep 27, 2004 at 02:00
by   Dragon
Good Day Puan,

Thank you very much for your explaination Puan. We really appreciate your advice.
Sorry for not mentioning our salary, our basic pay is less then RM1,500/-.

Thank you once again.
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answered on Feb 7, 2012 at 09:49
by   lee1
Hi ,

Would like to seek expert's advice :

1) whether we can check with KWSP is the new company( going to join ) is contributing the EPF promptly ?

2)Employer refuses to pay claims ( entitled during employment period ) after resignation .

What can the employee do to get back the claim after resigned ?

Is it wise to file a claim " Tuntutan Kecil " at Mahkamah Majistret ?

Thank you very very much ...
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