I just resigned and my current employer force me to clear all my outstanding leaves plus cut off all my allowances. Do they have the rights to do so?

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asked on May 23, 2016 at 03:48
Hi, I am the sales manager for the company and I have been working in my present company for close to 5 years. I tender last week and I suppose to serve 1x month notice as stated in my appointment letter. 

However I was force to clear all my existing 21 days leaves plus they are taking away all my allowances, asking me to just stay at home until my last day of the 1x month notice...

Just would like to know whether do they have such rights to do so? 
Is there any way I can reclaim my rights as I feel that the forcing part is against Malaysia Industrial Court rules?

Thank you. 
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answered on May 23, 2016 at 04:26
edited May 23, 2016 at 04:33
by   jeff005
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Allowances are paid for working days (can even be pro-rated) depending on the T&C of the Appointment letter. Some companies even stated that for Public Holidays, allowances will not be given. There are many types of allowances, Parking, including Attendance, Performance, travelling, food allowances, entertainment allowances and even (vendors/construction sites) meetings refreshment allowances. 

After the tendering of your resignation letter, especially for sales/marketing/fieldwork execs, the company usually "request/order" you "need not report in to work" so as to save allowances and even medical claims.

There are many companies that has a ruling that all annual leave must be utilized by 31st Dec and the maximum AL carried forward can only 5 days and must be taken by end Feb. Failing to do so, all outstanding AL is "Burned".

You can file a justified claim but your lawyers fees can kill you first. No harm trying but first establish which rule in the Industrial Court Rules that state a company cannot commit an employee to "need not report in to work".
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answered on May 25, 2016 at 04:34
If your salary is less than RM 5,000.00, you can lodge a complaint at Labour Court as the Company cannot force you to take the annual leave. If you want to serve your 1 month notice and the Company wants you to stay at home, then they should pay your salary for that month as well as payment for unutilised annual leave. 
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