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Job termination and employer countersuing for payment in lieu of short notice

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asked on Apr 1, 2016 at 21:35
by   bodyno126
edited on Apr 5, 2016 at 21:39
 
I worked as a Sales Consultant where the letter of employment states that the probation period is 3 months. Termination is 24 hours.

I started work on 23 December 2014 till 10 October 2015. I was still not a confirmed employee. I have asked my manager but she said that it makes no difference whether I am a confirmed employee or not.

On 10 October 2015 the Director of the company terminated me but asked me to work till the end of October 2015. The reason is because I have closed a big sale of RM64K and the payment for the sale is not made in full.

On 11 October 2015 I did not report for work and indicated via the phone that I feel no reason to continue working till end of October 2015. The Director then emailed asking me to return my uniform and the showroom key which I did on 11 October 2015.

Since I started working, the company tried to short charge me by contributing EPF 6.5/5.5%. I have brought this matter to both directors and they say that this is correct.

I have also informed the Labour Department of my situation as after 10 months I am still not a confirmed employee. Labour Department asked me whether I want to file in complaint, which I did not as not to develop bad working relationship.

After my termination the company contributed in excess to EPF and has emailed me to refund the excess.

Before that I did not realize above I have filed with Labour Department as my pay from 1-10-2015 to 10-10-2015.

Now my case is with the Labour Department and the company is countersuing me for RM1700 (one month salary) in lieu of short notice.

How should I submit the documents to court?
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1 Answers

answered on Apr 1, 2016 at 23:51
by   JeffOO5
edited Apr 5, 2016 at 21:39
 
@ bodyno126

Personal comments (non legal)

On 10 October 2015 the Director of the company terminated me but asked me to work till the end of October 15
The company has terminated your employment contract by the giving a 20 days notice. Is there any written letter?

On 11 October 2015 I did not report for work and indicated via the phone that I feel no reason to continue working till end of October 2015
Did you give a letter of resignation as required by labour laws?
If you have given a letter, your 24 hours notice still stand valid.
Holding company assets, especially showroom key and not turning up for work are not acceptable too.

after 10 months I am still not a confirmed employee
This is not an issue as you have continued to work after 3 months. You should have resigned there and then. Labour Department cannot do anything.

After the company terminated me, they contributed in excess to my EPF
No need to pay back. They can't do anything about it.

Labour Department asked me whether I want to file in complaint, which I did not
I have filed with the Labour Department
Which is which? Have you filed at that material time? (the first time you went to the office)

Company is countersuing me for RM1700
How did they do it? They employ a lawyer?
Even if they want to claim, the most is 20 days as per notice of termination (if any).

How should I submit the documents to court?
Is there a court case? Date of court hearing?

The Labour Department will act as a mediator between 2 parties. In your case, both sides have breached standard Labour Laws.

Just concentrate on your new job and move forward with your life.

Subject to availability of employment contract, and other supporting documents, the company cannot claim the RM1.7K from you. His lawyers fees is easily RM3K. They are just calling a bluff on you and are just responding to your complaint made to the Labour Department.
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