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Employer doesn't want to pay commission

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asked on Mar 9, 2020 at 10:29
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My employer wanted to terminate me and given an option for me to resign myself with paying me 3 months salary and commission that based on the projects that I have worked on.

However, now they are saying that based on feedback, I've not involved much in this projects and hence not paying for some of this.

Can I bring this to IR and if they still don't pay, what can I do?
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answered on Mar 9, 2020 at 10:44
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It all depends on what was stated in your employment contract 
and what was stated in the "termination option" (if any).

Take serious notes that IR  only act on /for "reinstatement", if terminated with unfair reasons but the moment you resign "voluntary" the case is almost gone.

You have 2 months expiry period to launch a case from date of termination.
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answered on Mar 9, 2020 at 11:20
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In the email they agree to pay my commission when I resign and stating for those that "I worked on". And now though I have evidence that I have worked on buy they say it is weak involvement and thus not paying for it.

If IR is not able to do this, what other ways can I claim for this commission?
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answered on Mar 9, 2020 at 12:16
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Just go to IR and see if they can and willing to help.
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answered on Mar 10, 2020 at 15:51
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Have checked with IR and it seem it's not possible. They asked me to either file a civil suit or probably go to small claims court if the amount is less than RM5k. Will it be worth the while if the amount is from RM10-30k for civil suit?
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answered on Mar 10, 2020 at 16:42
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Will it be worth the while if the amount is from RM10-30k for civil suit?
Go seek the advise and fees quotation from a specialized HR Lawyer.
For Civil Lawsuits, there must a Quantum of Claims.
The higher the claims, the more lawyer's fee will be.
Do you have the financial resources to pay upfront to the lawyers?
Bearing in mind that in the IRC, if a employee litigant loses, no costs will be awarded to the case, however, in civil lawsuits, the litigant have to pay the lawyer fees of the respondent. There can be also a counter-sue situation.

Personal Views :-
If it is a "Voluntary Mutual Termination" without having to dig out all the tahi and skeletons inside de closet, your case can be very lengthy and messy and costly.

"Commissions" is not wages and hence is not under the purview of labour laws and is very subjective.

Take the 3 months compensation and move on with Life.
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answered on Mar 10, 2020 at 20:13
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They asked me to either file a civil suit or probably go to small claims court if the amount is less than RM5k.

Consumers Tribunal is up to RM 50k.  Both sides not allowed to use lawyer there.
Check it out.

https://ttpm.kpdnhep.gov.my/portal/home
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answered on Mar 10, 2020 at 21:41
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Yes, in such case, would it be worthwhile for small claim courts in this case since amount may be less than RM50k. If in small claim courts, the manager himself or maybe even HR will have to attend and be his own "lawyer" in this case? (Manager is based overseas).
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answered on Mar 12, 2020 at 10:05
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Will need some advice. I've spoken to them on my commission claims list and some of it they are not paying me. They have asked me to confirm for accepting the list they are paying me otherwise they would not pay me. Could I challenge them in small courts for the rest of it later for the ones they don't pay me.

What is the timeframe for me to file a small courts claim as they may take time to pay me on the one's they agreed. Thinking of collecting the payment prior to filing it.

Hope for your kind advice.
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answered on Mar 12, 2020 at 10:09
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What is the time frame for me to file a small courts claim as they may take time to pay me on the one's they agreed.

Bacalah FAQ di laman web Tribunal Pengguna yang diberi.
Had masa adalah 2 tahun.
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answered on Mar 12, 2020 at 15:43
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Under tribunal as per below link, it is for consumers and not for an employment where there is commission dispute. I've contact Tribunal and this was what told to me. For my commission claims, it falls under small claims and only below RM5k. Can anyone confirm this please?

https://ttpm.kpdnhep.gov.my/portal/home
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