Entitlement to EPF /SOCSO contributions

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asked on Jan 12, 2004 at 09:35
by   eunice
Dear Sir/Mdm,

I could be considered as a newcomer into the working world and very much interested to know about the employment laws and regulations in Malaysia, and therefore, here I am. My father is 48 years old this year and he had been working for his employer for more than 10 years now but was never entitled to any EPF/SOCSO contributions from his employer. As per my findings on this site, it says EPF exemption applies for several group of empployees, inclusive of Out-workers who do cleaning and alteration repair works. My father is a carpenter,or being defined much closer to his job function, a person who do makes, finishes, and repairs wooden objects and structures outsourced by his employer to hypermarkets, optical sales chains, etc. His salary only sums up to about RM19000+- per annum.

My questions are:
(1) Does he fall under this category "inclusive of Out-workers who do cleaning and alteration repair works" of the EPF exemption list?
(2)If so, under which employment law is he protected?
(3)As for SOCSO entitlement,I do not think he is under the list of exemption. Since he is travelling constantly and working on irregular hours, it is rather insecured to be uncovered by the law. Pls advise if there is anything that I can do to help my aging father to fight for his EPF/SOCSO benefits?

Appreciate your kind advise and suggestion.

Many thanks,
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3 Answers

answered on Jan 13, 2004 at 00:24
by   businessbytes
All employment laws cover persons who work under a 'contract of service." Those who provide services under a 'contract for services' are left out in labour legislation including the Employees Provident Fund. An outworker is one who takes orders, does it at home at his own time - e.g. a dhoby, a tailor etc. A person who works for a contract for service is like an electrician or a builder whom you call to perform some work for you.
The essential difference between a contract for service and of services is the question of 'control.' Is your father able to do his work at his own time without the supervision of the employer? Does he work at home? Can he take on work from someone else? Can he take leave without the consent of his employer? Does he own the tools of his trade - like a saw , the planing machine, hammer etc.Is he paid at the end of each day?
Is there a chance of profit or a risk of loss while he does work for the 'employer?'
If the answers are yes then he is not an employee and not entitled to protetion under the laws including the EPF Act.If some of the answers are in the negative he should seek the assistance of the EPF authorities.If you need further advice you may email me.
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answered on Jan 16, 2004 at 19:10
by   eunice
Dear Sir/Ma'am,

Really appreciate your kind advise in this case and I have just sent you an email from my personal mailbox for your further advise.

Your kind effort is much appreciated.

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answered on Feb 7, 2012 at 09:53
by   lee1
Hi ,

Would like to seek expert's advice :

1) whether we can check with KWSP is the new company( going to join ) is contributing the EPF promptly ?

2)Employer refuses to pay claims ( entitled during employment period ) after resignation .

What can the employee do to get back the claim after resigned ?

Is it wise to file a claim " Tuntutan Kecil " at Mahkamah Majistret ?

Thank you very very much ...
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