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SOCSO & Employment Ltr Clause

Thumbs down working in local co.
Fri, 06 May 2011 01:50:36 PM  (Last updated: Sat, 07 May 2011 03:32:05 PM)

To whom it may concern

I met with an accident on the way back from home and currently staying at home with MC chit (7 wks), doctor wrote down deem hopsitalization.

My company is saying that since I am able to claim from SOCSO which pays me only 80% of my salary, they have the right not to pay my salary during the hospitalization leave (60 days).  The salary I am earning right now is above RM1.5K and am not covered under Employment Act but need to refer to the contract/offer letter, reading from your forum regularly.

I checked back in my offer letter & found this
# The minimum terms set out in the Employment Act will apply if not expressly provided in this letter#

Does the above clause stating that I am able to claim for hospitalization or I need to seek redress from Labour Court/Industrial Relations?

Kindly educate as I am now 7 mths pregnant and by the time, my leg is out of cast in early June, I will be in my 8th mnth pregnancy and I hope to go to the write channel (either Labour Court / Industrial Relations)

Thank you for the time being spent

KL Siew
Sat, 07 May 2011 03:32:05 PM

Since you are covered by SOCSO, all benefits will come from SOCSO. Your employer is not obliged by law to pay you any medical benefit. I think you can speak to SOCSO and get a clearer picture of your situation before you take further action at the Labour Office or IR Office.

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