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asked on Aug 20, 2013 at 15:22
Dear sir/madam,

I need advice for the below incident.

On 03 Oct 2008, I had been granted retention bonus in the Company. That as per the letter dated, the Retention Bonus payable and subject to me being in active employment during these payout dates:-

i) September 2009 Retention Payout : RM 1X;
ii) September 2010 Retention Payout : RM 2X;

On 10 Nov 2009, I had been granted retention bonus in the Company again but with term and condition as below:
i) Company would pay Nov/2009 1X + Oct/2008 2X in advance on Jan 2010.
ii) Voided the Oct/2008 and revised the retention period till May/2012

I had strong disagreement on the new agreement because the reason was doubtful and biased toward the Company because it had voided Oct/2008 agreement that was nearly mature and bundled into much longer retention period. However, I had signed the document under duress because the Head of Department had presumed I would resign in near future and withhold the annual increment and promotion letter (which were expected to release in Nov) if not.

Upon resignation on Oct 2010, there were few negotiations where I proposed to pay back only the Nov/2009 1X amount. But the Company decided to withhold my 2+ months salary and issued letter on demand to reclaim the balance as well.

So, my question is whether the Company Nov/2009 agreement and withheld salaries are lawful? What is the best approach if I want to claim back my salaries?
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1 Answers

answered on Aug 21, 2013 at 16:37
Hi there

1. It would be difficult to advice you on whether the Company Nov 2009 agreement is lawful unless we see the agreement itself. Further we need to have a look at the letter of demand from the Company before providing you sound advice.

2. As for the Company holding back your salary, you can lodge a complaint at the Labour Department provided your salary is not more than RM 5,000.
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