RegisterLog In

Late Payment of Salary & Service Points

Hazlin bt Jalil
Member
Thu, 27 Sep 2012 10:21:59 AM  (Last updated: Sun, 30 Sep 2012 06:23:38 PM)

Hi, i'm writting & inquiring on behalf of my husband whom has been working with one of well known kopitiam in Malaysia which operated under franchise. My husband started working with this company form July 2011 until now. For the first month i keep a positive mind since they are newly operated. Supposedly my husband salary written on the offer letter is on 7th of every month & the service points is on the 15th of the month. But following the months that came everytime the salary will not be paid on the stated date. The company provided cheque which they only give on the 9th or 10th then we still need to bank in the cheque which take 3 days to clear. After that they asked my husband to open a bank account and i was thinking maybe now the will straight bank in to the account but still that is not the case, they still give out cheque. It same goes with the service points , they only pay on 20th and above. My husband decided to bring the matter to Jabatan Tenaga Buruh. The complaint was being investigated but it took 1 month time for them to come and check out the situation and my husband company got off only by warning. Then for 2 months the payment was on time. Then the suffering came back again the company started to pay late for the salary & service points again. Its was really stressing out and very frustrating since we have loans,rent to pay. The company are doing this without giving any explaination. Its like they are not doing anything wrong. Again my husband went for the 2nd report which was last month and the Jabatan Tenaga Buruh only came last week on the 12th September and again there was no action taken becasue until now my husband did not receive his service points payment that should be on the 15th. I'm inquiring is there any other way to solve this matter since the Labour Law can not act on the problem?

KL Siew
Administrator
Thu, 27 Sep 2012 03:59:39 PM

Well, I think the Labour Department is the only place where your husband can get help. Your husband can always start looking for a job where he can get paid more promptly since the kopitiam  seems to be facing some financial problems.

Hazlin bt Jalil
Member
Thu, 27 Sep 2012 04:16:58 PM

Thanks for your reply. Infact i contacted the Labour Dept today and the from what they told me is very confusing. They say since my husband salary is more than 2k they can't do anything except to 'advice' the company to pay promptly. In my reply to them i ask then for what the Labour Law stand if not to care for the benefit of employee. Yes, my husband already searching for others job.

KL Siew
Administrator
Fri, 28 Sep 2012 09:00:06 AM

Yes, the Employment Act only covers employees with salary not more than RM2000. As such, there is nothing much they can do as they have no power to enforce the law on the employer. These employees have to look after their own interest. As for your husband, in his future employment elsewhere, he has to make sure all terms and conditions, like salary, leave/sick leave benefits, public holidays etc etc are properly negotiated and put into the contract of service/appointment letter. This contract of service is the "labour law" and employees are protected to that extend. These terms and conditions can be enforced in court and not in the Labour Department.

Hazlin bt Jalil
Member
Sun, 30 Sep 2012 02:00:51 PM

So meaning my husband case can be brought to the court of law but not to the Labour court? Yes, my husband do have the appointment letter regarding the payment date of salary & service points stated on the specific date. Thank you so much for the information given. At least i can find another solutions for the problem

KL Siew
Administrator
Sun, 30 Sep 2012 06:23:38 PM

However, it may not be worthwhile to bring matter of late salary payment to court. 

  This topic is closed