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RE: RETAIN OF SALARY

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asked on Nov 2, 2013 at 08:53
by   desperatestaff
Dear Sir,

I have just joined a conveyancing firm for one and a half month and was instructed to take over the subsale file previously handle by other staff which is problematic and messy.

As i am just joined the firm, i have no time to go through all the files because beside of paperwork, i need to attend client's signing out of office.

There is a file whereby the CKHT Form has been late for submission and is now ordered to pay penalty for RM2k++.

My employer retain my whole October Salary and said will use my salary to pay for the penalty.

For your information, under my Employment contract, i have not given any authorisation to deduct from my salary save for EPF and Socso and my basic salary is RM3k (whether it is covered under Employment Act?).

My ex-employer also threaten by saying that "i don't care if you want to sue me, just go ahead". Apparently he knew that i am just a student pursuing my degree cum working is not afford to engage a lawyer. Thereafter, he asked me to packed up and leave the company immediately without giving any notice in writing

Would be much appreciated if you could kindly advise what i should do pertaining to this matter.

Thank you.
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5 Answers

answered on Nov 2, 2013 at 14:10
by   arun1011
Your employer has got no basis to retain your salary. As your salary is less than RM 5,000, you can go to the Labour Court to enforce non payment of wages by the employer.

However, you also seem to state that your employer has terminated you. As such you might have another recourse which is to go to the Industrial Relations Department to challenge your dismissal and you can also mention to them that your salary has been withheld.
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answered on Nov 2, 2013 at 22:30
by   desperatestaff
Very much appreciate for your reply this morning.

I have tendered resignation by serving the company 2 weeks notice on 17/10/2013 as according to clause 5 of the Employment letter (as i am just a probationer) and my last date shall be 31/10/2013 however the employer dismiss me VERBALLY and ask me to return the office access card immediately on 28/10/2013. The next day i have sent an email to the Admin cum HR department requesting for the termination letter pursuant to clause 5 of the employment letter however they ignore my request and up to date i have yet to receive any letter (i requested the termination letter to avoid the company accuse me for short of notice in the future, am i correct to do so?) Frankly speaking, i cannot bear with the superior that keep making me as a scape goat for the messy and problematic files they did previously and eventually caused my employer prejudice on me. Thus, i tendered my resignation letter and i think i might not be entitled to make any claim in industrial relation department?
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answered on Nov 4, 2013 at 04:52
by   arun1011
Your case is no longer about resignation as the employer has subsequently after your resignation decided to terminate you even though it is verbal termination. It is good you have sent an email asking them to produce the termination letter. In the event your employer does not reply.you need to send by courier service a letter to the employer narrating the series of events and seeking for termination letter from the employer. Please also keep the proof of posting as evidence that you have sent the letter to the employer. After sending the letter, you can then lodge a complaint for unfair termination at the Industrial Relations Department.
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answered on Nov 4, 2013 at 14:45
by   desperatestaff
Dear Mr. Arun,

Really appreciate for all the opinion and replies you have given to me these few days.

i will write in again and courier to the company since they ignore my email without produce me a termination letter. However, should i also demand for my salary and other payment i have entitled to receive in the letter? Besides of the Basic Salary, the travelling expenses and toll fares has also not been paid to me. I also noted that the EPF is also not be remitted a single cent for October.

Thank you.
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answered on Nov 4, 2013 at 16:27
by   arun1011
Yes, you can demand for the rest in your letter.
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