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Non payment of my leave entitlement after resigning

Huy
Member
Wed, 06 Dec 2017 10:22:01 PM  (Last updated: Fri, 08 Dec 2017 12:49:13 AM)

Hi there,

My previous company did not pay my owed leaves after they terminate me. Can I talk to the Industrial Officer on this.

Huy
Member
Wed, 06 Dec 2017 10:37:17 PM

The other thing I want to add is that in my offer letter, it's stated very clearly that I am entitled for the leaves but then in the contract, it's stated as follows:

ARTICLE 10                     ANNUAL LEAVE

i)             Subject to leave being taken at a time to suit the Company's convenience and where possible in one continuous spell, you shall be eligible for paid annual leave upon confirmation as follows:

a)            1 - 5 years of services                   -              14 working days

b)           > 5 - 10 years of services             -              17 working days

c)            > 10 years of services                   -              20 working days                                                                                                                                                                                                                                   My understanding is that isn't this considered deception since when I signed the offer letter without the contract, most likely, I do not even know that this clause exist. So, it's only when I resigned that the HR conveniently used this clause against me.

Just in case, I could not go against my former employer because of the clause above, I would probably like to use the fact that proper procedures were not followed when it come to my termination. Just wondering if the industrial relations officer can handle this for me. Also the other thing is, can I just email them instead of actually just visiting them? Because at this point of time, I just want the officer to let them know my concerns that's all. I think the negotiation stage may be done latter. And if say I need to visit them. Can I visit them in say Johore Bahru instead of Kuala Lumpur? That's because I managed to find a job in Johore Bahru and it would be very inconvenient for me to go all the way to KL.

mdkamil
Contributor
Wed, 06 Dec 2017 10:41:41 PM

If you are covered under the Employment Act or if your salary is less than RM5000, for this kind of claim for payments from employer you go to Jabatan Tenaga Kerja (Labour Office), not Industrial Relations Office.

Huy
Member
Wed, 06 Dec 2017 10:49:15 PM
Originally posted by mdkamil on Wed, 06 Dec 2017 10:41:41 PM

If you are covered under the Employment Act or if your salary is less than RM5000, for this kind of claim for payments from employer you go to Jabatan Tenaga Kerja (Labour Office), not Industrial Relations Office.

Thanks for your reply.

My salary is more then RM5000. It's around 9k to be exact. 

mdkamil
Contributor
Wed, 06 Dec 2017 11:17:11 PM
Originally posted by Huy on Wed, 06 Dec 2017 10:49:15 PM

Thanks for your reply.

My salary is more then RM5000. It's around 9k to be exact. 

Noted.

If you believe your termination was wrongly done, then it is right to go to Industrial Relations Office to file a case of unfair dismissal against your former employer. However, there you may only claim for reinstatement under Sec 20 of the Industrial Relations Act.

You have to personally attend to the closest IR Office to the former employer location, within 60 days from the date of being terminated.

Huy
Member
Wed, 06 Dec 2017 11:34:38 PM
Originally posted by mdkamil on Wed, 06 Dec 2017 11:17:11 PM

Noted.

If you believe your termination was wrongly done, then it is right to go to Industrial Relations Office to file a case of unfair dismissal against your former employer. However, there you may only claim for reinstatement under Sec 20 of the Industrial Relations Act.

You have to personally attend to the closest IR Office to the former employer location, within 60 days from the date of being terminated.

Thanks for your reply.

I find it really strange that there is no way that employees can seek redress on this except to hire a lawyer. I find that this can be subject to abuse if you know what I mean. 

mdkamil
Contributor
Thu, 07 Dec 2017 08:18:19 PM
Originally posted by Huy on Wed, 06 Dec 2017 11:34:38 PM

Thanks for your reply.

I find it really strange that there is no way that employees can seek redress on this except to hire a lawyer. I find that this can be subject to abuse if you know what I mean. 

You do not need a lawyer to file your case at the Industrial Relations Office. As a matter of fact, under Sec 19B (2) of Industrial Relations Act any conciliation proceeding at the Industrial Relations Office shall not be represented by an advocate, adviser, consultant.

Huy
Member
Fri, 08 Dec 2017 12:03:38 AM
Originally posted by mdkamil on Thu, 07 Dec 2017 08:18:19 PM

You do not need a lawyer to file your case at the Industrial Relations Office. As a matter of fact, under Sec 19B (2) of Industrial Relations Act any conciliation proceeding at the Industrial Relations Office shall not be represented by an advocate, adviser, consultant.

I think you misunderstand what I said. What I was implying was that if say a company lets you go, they can do all the hanky panky like not paying your leaves etc and the only course of action is getting a lawyer which is not worth. My main concern is actually to get back my salary which i am entitled to get.

mdkamil
Contributor
Fri, 08 Dec 2017 12:36:48 AM
Originally posted by Huy on Fri, 08 Dec 2017 12:03:38 AM

I think you misunderstand what I said. What I was implying was that if say a company lets you go, they can do all the hanky panky like not paying your leaves etc and the only course of action is getting a lawyer which is not worth. My main concern is actually to get back my salary which i am entitled to get.

Oh..okay, got it. I thought you were referring to filing a case of unfair termination.

By the way, you are right that in the case of employees earning more than RM5000 the employment law does not provide access to the employees to make claims through Labour Dept for any payments due from the employer.

mdkamil
Contributor
Fri, 08 Dec 2017 12:49:13 AM

Pardon me. I may be wrong. 

Those earning more than RM5000 may go to Industrial Relations Dept to claim settlement for any dispute under Section 18 of the IR Act.

https://asklegal.my/p/unpaid-salary-wages-labour-industrial-employment-malaysia