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How long can a company hold last month salary after resigning?

aab
Member
Wed, 11 Jan 2017 10:08:12 AM  (Last updated: Wed, 11 Jan 2017 04:08:28 PM)
My wife was under a 1 year contract and decided not to continue working with the organisation. After notifying of her intention to leave, she completed the remaining days less her leave balance. A few weeks after she left, she received an email from her former boss stating that some petty cash was missing and they would hold her last salary. Firstly the petty cash was returned as per normal procedure, however the documents are all mysteriously missing. Since she already left, it is unfair to penalise her for someone else's mistake. Secondly, if the organisation was to hold the last salary, shouldn't they just hold the equivalent petty cash amount, and not the whole salary? After repeated emails to the boss and the senior manager, seems nothing is being done to resolve the issue nor clear the last salary. Even repeated request for a formal letter from them to justify the facts of why she is the sole person held responsible for the missing cash, when the incident happened after she was on leave was ignored. Seems one of the staff took advantage of her leaving and took the money and lost the files, and the management is just covering up the issue. Should I make a police report, or engage a lawyer or make a complaint to the HR ministry? What are the options because it seems they are just ready to ignore this until we give up. Thanks.
KL Siew
Administrator
Wed, 11 Jan 2017 03:52:11 PM

If your salary is not more than RM5000, you can personally go to the Labour Department and make a claim for your salary. If your salary is more than 5K, you can get a lawyer to make demand for you. No need to go to the police for such a matter.

aab
Member
Wed, 11 Jan 2017 03:57:13 PM
Hello KL Siew, very much appreciate the reply. Can I go to any lawyer office nearby my home, or do I need to look for a specific type of lawyer? Also do you roughly know the costs for this? If you can recommend a lawyer that would be great. Thanks!
KL Siew
Administrator
Wed, 11 Jan 2017 04:08:28 PM

I don't know, you have to ask around.

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