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is it legal for an employer to deduct commission for lateness?

Tue, 08 Apr 2008 01:02:32 PM  (Last updated: Tue, 08 Apr 2008 02:18:40 PM)

if the employment letter did stated the employer have the right to deduct our commission base on a certain reason so is that means the employer have the right to deduct any amount of the staff commission as they wish?for example my company have set a rules of deducting a staff salary of rm10 each time they r late for working even for a few minutes but when they r late for the 4th time then half of their commission will be deducted.lets say if my commission r rm3000 for last month but since i have late for more than 4 times in that month then half of my commission will be deducted automatically.since this is a matter of deducting our commission instead of basic salary do we still be eligible for protection under labour law section 24?if i been absence for that month too then my commission will be deducted for another 10% meaning i will be deduct up to 60% from my rm3000 commission.i do agree that we shall be punish for coming to work late or absence but dun u think the rules are too harsh for an employee who r working so hard for their salaries?in fact will it be valid if this is a new rules from a written memo and we got no choice but to agree n sign up in a sense we r agree with tis rules?

KL Siew
Tue, 08 Apr 2008 02:18:40 PM

I do agree with you that the ruling of deducting half the commission is too harsh. It may be just a deterrence to frighten. You people may be making very good commission and the penalty of RM10 may mean nothing to you and that's why your employer has resorted to this method. Just thinking , I may be wrong. So, knowing that there is such a rule. just don't test it and you will be fine. Meanwhile, you may consult the Labour Department.

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