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Deduct salary for MC

Ben
Member
Mon, 22 Dec 2014 03:23:00 PM  (Last updated: Tue, 23 Dec 2014 07:38:32 PM)

Hi,

I post this on behalf of my girlfriend. She is currently employed in a law firm as a conveyance clerk with a monthly salary of RM2800 and is still currently under probation. My questions are below:

1. She took MC for 2 days and provided the firm with 2 days MC from a registered doctor. However, HR has decided to deduct 2 days of salary due to this stating that it is their policy that staff in probation is not entitled to MC. Can they do this?

2. The company has decided to extend her probation on the reason that she fought with HR on the MC policy above. Is this a valid reason for probation extension?

3. Is there any means of redress for the above questions?

Thank you and waiting for your reply.

KL Siew
Administrator
Mon, 22 Dec 2014 05:57:39 PM

The problem here is that your girl friend is not covered by the Employment Act as her salary is more than RM2000 and therefore:

1. All benefits including sick leave benefit will go according to the policy of the company and the benefits under the EA are not applicable to her. Policies on employees' benefits vary from company to company, some may be fairer than the other. If she were covered by the EA, she should be entitled to sick leave with pay even under probation. But now, she will have to follow the policy of the company.

2. As to extension of probation, that will be at the discretion of the company.

3. As for redress, the Labour Department is not the one to go to as she is not covered by Employment Act. The Industrial Relations Department may also not be able to do any better on extension of probation matters. That's why employees should always get themselves familiar with the terms and conditions of the employment contract, what they can get and what they cannot get. This may avoid misunderstanding.


 

Ben
Member
Tue, 23 Dec 2014 10:39:33 AM
Originally posted by KL Siew on Mon, 22 Dec 2014 05:57:39 PM

The problem here is that your girl friend is not covered by the Employment Act as her salary is more than RM2000 and therefore:

1. All benefits including sick leave benefit will go according to the policy of the company and the benefits under the EA are not applicable to her. Policies on employees' benefits vary from company to company, some may be fairer than the other. If she were covered by the EA, she should be entitled to sick leave with pay even under probation. But now, she will have to follow the policy of the company.

2. As to extension of probation, that will be at the discretion of the company.

3. As for redress, the Labour Department is not the one to go to as she is not covered by Employment Act. The Industrial Relations Department may also not be able to do any better on extension of probation matters. That's why employees should always get themselves familiar with the terms and conditions of the employment contract, what they can get and what they cannot get. This may avoid misunderstanding.


 

Hi Siew,

I fully understand that it is the company policy however she was not aware of the policy and there is no employee handbook on the above policy and also her employment offer and letter does not state so. Moreover, the MC was taken last month and she was only informed of the salary deduction this month verbally after more then a month. However, her claim for medical has been paid by the company. Can we request for a written proof of the said policy?

KL Siew
Administrator
Tue, 23 Dec 2014 07:38:31 PM

If I were you, I wont encourage her to do that. It will not serve and useful purpose. Anyway, it is up to you.

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