My employer didn't pay my salary. What should I do?

I am a part time teacher and have been working with my boss for last 7 months and suddenly in August this year she just told me that she can't afford me but failed to pay for the days I worked.

When I asked my salary she started shouting and scolding me, I have since been to Labour Department to complain about this.

I am worried if I will get my salary or not since I don't have papers to prove that I worked there, only have bank statement showing she credited my salaries. What should I do? This boss has done this to other teachers as well.

@Sonia

Sorry for late reply.

There is a "Part Time" employee definition under our Labour Law. Even though there is no employment contract signed, there are criterias like number of days worked per week, number of hours per day worked classification. Any worker is protected by our Malaysia Labour Laws.

In the absence of a proper employment contract, the minimum benefits to a worker still apply. The fact wages or payments made into your personal bank account indicates "services" have been provided. This cannot be disputed in Labour Court due to the nature of the company's business.

Since you have been to the Labour Department, let the officers there handle your case.

Thank you very much @jeff005, appreciate your help on this.

@Sonia

You are welcome..

If you don't know, now you know. Bless you!

Latest update, I went for meeting arranged by Labour Department and my boss didn’t turn up for the first meeting but she did turn up for the second meeting, the officer in charge asked us to discuss and try to settle the issue. My boss admitted she miscalculated and owed me some amount but also said she was busy with other work and overlooked the issue.

The labour officer scolded her, asking her why it took so long & showed the Employment Act to her. My boss still arguing saying I said that I will report to police and felt that I threatened her so she feels that she can stop my payment.

Since my boss was still stubborn, the officer in charge has fixed court hearing in 2 weeks, I feel very disappointed because my claim is below RM2,000 and I suppose to bring lawyer to fight the case. I am still without a job and how I am going to afford a lawyer. Looks like its very difficult to get justice now days. Now I am lost, please advise what I can do next, thanks.

@Sonia

the officer in charge has fixed court hearing in 2 weeks
Send a clear copy to my email address, that is, if you trust me. My email address is available on my profile page

I will explain the contents to you.

Sample of letter from Labor Department of which I participated (giving advises) in August 2020.



Your case has been taken up by the Labor Department. You do not need a lawyer but your ex-employer may need a lawyer.

Your case is now a Labor Court Case. You do your own computations and make your claims according to your computations. Reject the Respondent calculations. Your ex-boss have already admitted liability and infringement of Labor Laws. Let the Judge decides on the value of claims.

Thanks for a fast response Mr Jeff, I didn't receive a letter from Labour Department, just emails.

I just spoke to someone from MTUC and have promised to help me get my outstanding salary.

Hopefully all ends well. Thanks again.

Just personal views

MTUC cannot attend the Labor Court, it is only the complainant and the respondent (or representative).

MTUC officers cannot attend Civil Court Lawsuits on Labor matters. They would have to send their panel lawyers which will then translate into lawyers fees. Your amount claimed may not even cover the costs of lawyers services. No wonder you have stated "how I am going to afford a lawyer".

Without reading all the emails send to you from the labor officer /dept, nothing much more can be discussed. Just follow the flow of events with the Labor Dept. 

Best Wishes & God Luck..

Hi Sonia,

May I know what is the status of your case ? Did you successfully get all rightful compensation from your boss ?