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Company money stolen. Employer deducting my salary. Is this lawful?

349 Views  ⚫  Asked 1 Year Ago
asked on Aug 23, 2016 at 16:40
by   spank212
edited on Sep 26, 2016 at 10:12
 
In 2014 a theft broke into my car and stole my bag. Inside my bag was my personal belonging and some amount of company money (including pen-drive, office key etc.). This happened after office hour. I put in police report afterward.
 
Earlier that evening, I was just going to leave the office when I was stop by my colleague from account dept. and asking me a favor to help him pass some amount of company money to hand-over to other colleague arriving tomorrow morning. I was uncomfortable with this and trying to find excuses but somehow I failed. So I signed knowledge received and put into my bag.
 
Now recently, my company informed that my salary will be deduct beginning end of August 2016 onward because the amount was stolen.
 
Can they deduct my salary without any investigation/ justification?
 
Is there any Malaysia Labor Law permits them to do this? (deduct without my permission)
 
Seems like is unlawful deduction.
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5 Answers

answered on Aug 23, 2016 at 19:51
by   vkpc
Can they deduct my salary?

No they cannot.
You can complain to Labour Dept to warn them.
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answered on Aug 24, 2016 at 14:33
by   arun1011
The can't deduct your salary. You can file a complaint at the Labour Department if your salary is less than RM 5,000 or alternatively send them a letter asking them to stop this unlawful deduction and return all previous deductions failing which you can consider walking out on constructive dismissal and filing a complaint at the Industrial Relations Department.
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answered on Aug 24, 2016 at 15:45
by   jeff005
edited Sep 26, 2016 at 10:15
 
@ Mr. Arun

May I ask..
The threshold to file a complaint to Labour Department has been raised to RM 5,000?

Thank you very much..

"Cash in Transit"
Some of the Trades, a clause has been inserted in the employment contract that the employee has to be responsible for any losses due to negligence and that amount will be deducted from salaries.

I was one of those who had signed it. No choice. Hard to get jobs after age 50 plus blacklisting by banks. A couple of ex-colleagues fell victims to robbery. When insurance refuses to pay due to negligence, and when pressed by company to deduct from salaries, our options is to just walk out forever that very evening. No use file to the Labour Department. One colleague did it. No action taken by them after the company presented the facts of the robbery.  Sad, sad, sad..
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answered on Sep 3, 2016 at 12:15
by   arun1011
edited Sep 26, 2016 at 10:16
 
Jeff

The threshold in respect of enforcing non payment of wages (which includes salary, commission, allowances, overtime) has always been if your wages is up to RM 5,000.

Its only in respect of enforcing non wages related terms and conditions, such as your annual leave days, medical leave entitlement, etc that your salary has to be up to RM 2,000 (previously RM 1,500). 
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answered on Sep 3, 2016 at 21:21
by   jeff005
Mr. Arun

Thank you very much

Your expertise in the postings/contributions on Labour Laws on this forum is very much appreciated by all.
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