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Employer refused to pay my salary after termination

Khur
Member
Thu, 19 May 2011 03:50:37 PM  (Last updated: Mon, 01 Aug 2011 04:32:01 PM)

 Hi administrator,

My first day of working as a teacher at this school was 24/01/2011. Before i started, i informed my employer upfront that i couldn't commit with the one month notice of resignation period because i'd applied job elsewhere which might require me to start immediately, so my employer asked me not to sign the contract and worked as a temporary teacher. Then i started teaching without signing any contract of service.

I tendered my resignation letter on 22/02/2011and my last day of working was 24/02/2011. I gave them 3 days of notice. They refused to pay me my February salary saying that i did not give them one month notice. They also mentioned that, in fact, i need to pay back one month salary to them. I thought we had reached mutual understanding and agreement earlier on that i would resign any time.

  1. I did not sign any contract, do i still govern by the terms and conditions in the contract?

I have asked the labour department, the officer told me that my employer was right, i should have given them one month notice. Is this true?

     2.  May i know where is this stated in the labor law that for a temporary staff (without signing any contract          of service) to give one month of notice? 

     3.   I wish to know what should i do in order to claim back my wages? 

Hope to listen from you soon.

Thanks - wkhur

KL Siew
Administrator
Thu, 19 May 2011 05:00:59 PM

The Labour Department's advice is correct. It is quite impossible for you to get back your salary if the school chooses not to pay you. Section 12 of the Employment Act is quite clear about this. Temporary employees and other employees are the same with or without any written contract, Section 12 applies. Next time, if you want 1 day notice, 1 week notice, one month or no notice at all, have it stated in the contract of service. Don't repeat the same mistake of not having a written contract of service.

Khur
Member
Thu, 19 May 2011 10:12:56 PM

Thanks for your reply.

Can you please explain the following clause:

21 (2) Where an employee terminates his contract of service with an employer without notice in accordance with subsection 13(1) or (2) or subsection 14(3), the wages, less any deductions which the employer is entitled to make under section 24, earned by such employee up to and including the day immediately preceding the day on which the termination of the contract of service takes effect shall be paid by the employer to the employee not later than the third day after the day on which the contract of service is so terminated.

my understanding from this clause is that the employee should pay me my wages even though i terminated my contract of service without notice. Am i correct?

Hope to hear from you. Thanks a lot.

Fathim Zainal
Member
Sun, 31 Jul 2011 10:35:55 PM

 Hi,

I would like to seek your advice on my current issue. I have tendered my resignation (15/7/2011) accordingly by giving my current employer 1 month notice as stated in my offer letter. In my notice, I have stated to offset my annual leave balance of 15days and last day would be 29/7/2011 however my HR had informed me (verbally) that the last day is actually 22/7/2011 but I can go early as agreed by the management on (18/7/2011) if I want. So we have mutually agreement verbally on this as long as they pay my salary until 14/8/2011.

I have asked my HR to give me an acknowledgement on my resignation acceptance but till date no acceptance from her instead they hold my salary for uncertain reason which is the documents in the company's notebook cannot be retrieved but all the company's belongings were returned on my last day. I have advice them to look in my emails as all correspondence were done using emails and they cant retrieve it from there should they cannot find it in the notebook. They insisted to hold my salary until they retrieved it. Besides that, I still have claims and has yet to release by them with reason my Admin want to check.

My question is:

1. Do they have the right to hold my salary in the first place?

2. Should I bring this to labour office now or wait till 7 of the month? or when exactly they should pay me?

3. What if they decided not to pay my claims and how do I get the claim back?

FYI, my salary is RM2950 + RM500 (fixed allowance). I have all correspondence regarding this together with a scanned copy of my resignation and claims sent using company's scanner.

Please advice.

Thank you.

KL Siew
Administrator
Mon, 01 Aug 2011 04:32:01 PM

To Khur, in my opinion, you are correct only when you have settled you payment of indemnity in lieu of notice. Read Section 13 carefully.

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