Resigned - constant unpaid extra work hours caused health issues

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asked on Nov 15, 2014 at 04:41
by   velvetcross

I require some opinions on my case, please.

I had worked more than 8 hours almost every weekday unpaid for the past almost 2 years.

My employer never paid or return these extra hours as annual leaves thus, it clocked as I had worked more than 8 hours per day on weekday.

After almost 1.5 years, I had attacked with hypertension and then 3 weeks later another attack of chest pain during weekdays where extra working hours present on each week.

I had decided to resign immediately without serving 30 days notice period.

I had checked with labour department that my employer must pay all pending claims and benefits such as annual leaves, etc before asked me to pay in-lieu amount of the notice period, because the agreement does not mention "equivalent to 1 month of salary in-lieu notice".

My employer did not pay my claims and benefits, plus had offset the annual leaves against the notice period without my agreement.

I plan to bring the case to court as labourt department cannot take my case due to salary more than MYR 5K/month.

I still in discussion with the employer to pay my claims and some compensation amount due to my health impacted.

The employer keeps trying to delay the conclusion over phone and emails, still do not provide the final answer whether able to make the payment or not.

The employer is now dragging the feedback and asking face-to-face meeting with me next 2 weeks to discuss the amount of payment with the director as they said could not understand my claims.

I am not sure if I should go for the meeting or I could just submit my case to a court/lawyer to proceed immediately.

I had discussed with a couple of friends' and relatives' lawyers but I have no confidence yet when the perfect time to bring the case to court with a legal labour-case's lawyer because they never dealt with labour's cases.

I am still looking for the best lawyer who could guarantee 100% winning the labour's case within a short period of time rather than taking years.

Please let me know or share your thoughts and advices on my case.

Many thanks in advance.
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answered on Nov 15, 2014 at 05:05
by   velvetcross
Addition, is there a chance that the employer could skip paying the amount or bypass law/court's order by changing the company's name and terminate the current company?
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