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termination, outstanding salary owed and benifits

James007
Member
Thu, 13 Sep 2018 02:29:40 PM  (Last updated: Fri, 14 Sep 2018 11:12:09 AM)

Hi I have recently been terminated (which was quite a surprise as nothing had been mentioned to me prior to the termination) and have a few outstanding issues which are not being addressed by the company HR department and I would like to enquire what my rights and responsibilities are here in Malaysia?

Prior to the employment my family (Malaysian spouse and children) and I were living in Australia. Expat (on a spouse visa) on a fixed term executive service agreement of 12 months (start 1/6/17) . Was provided a letter of extension for 12 months, stamped by government authorities same as my original contract.

Per my contract –

  1. “fixed basic monthly salary X amount RM (X amount USD equivalent) paid into a Malaysian bank”. Also illustrated in my payslips and income tax per 2017.
    • I was never per the amount stipulated within documents, rather paid based on USD amount converted into RM based on fluctuating exchange rate (a lot less). Am I entitled to be back paid based on the documents? Payslips, tax clearance?
  2. “Company shall be responsible for all Malaysian income taxes and all other taxes and impositions of whatsoever nature arising from the agreement.”
    • I am responsible to pay the difference between paid Malaysian income paid and the Australian income tax calculated balance. Am entitled to be compensated for the balance difference?
  3. “The company shall be responsible for providing work permit.”
    • Because I have a spouse visa, I processed & provided the working endorsement inclusive of the cost impact, Am I entitled to reimbursement?
  4. “Free clinical treatment.”
    • Never used this service, as we have our own family GP.
  5. “Allowed to claim for reimbursement per month up to maximum of $300RM.
    • When asked to back claim for this I was informed this is not a problem.
  6. “Entitled to 18 Paid days of leave per year.”
    • HR told me I only submitted 1 leave form which clearly states, “please use my days in lieu for working election holidays” but was told I took too many days off, so I was not entitled to receive any of my owed leave. Which there is no record of (my word against theirs). Can you advise?
  7. “After 12 months of completed service entitled to 1 economy return flight to place of origin.”
    • Informed I’m not entitled. Can you advise?
  8. Termination summery –
    • “Termination Claus (per the reason provided within the termination letter) either party can terminate contract by giving 1 month written notice or 1-month basic salary (not including any other allowances or benefits) in lieu thereof. Return flight to point of origin.”
      • Verbally terminated on 15 Aug, Met HR Aug 20 received nothing not even an explanation. Return to meet HR 28 Aug, termination letter was provided back dated to the 20 Aug but told it is based on the verbal instruction. Letter states “the company hereby gives you 1 months’ notice to terminate the said fixed term executive agreement effectively 16 September”. Per immigration requirements I must provide my income tax clearance to cancel my work endorsement from my spouse visa, had been informed by HR I had to wait until 15 September until they will submit my tax clearance.
        • Can you advise, is the termination from when I received the letter on the 28 Aug, per the termination letter statement 16 September or should my 1 month commence after I have received all finalized documented formalities?

When met with HR I tried my very best to enquire about all the highlighted points above but was met with an extremely aggressive response. Eventually HR agreed to back pay for claims (Item 5) and offered to pay 6 weeks instead of 1-month notice. But the total outstanding cost (if I’m intitled) far out weighs 6 weeks of my salary inclusive of back claims. The documentation which were provided by my employer are very clear (contract, payslips, termination letter etc), appreciate if you could provide any insight?

SuharinKL
Contributor
Fri, 14 Sep 2018 09:24:44 AM
Originally posted by James007 on Fri, 14 Sep 2018 11:12:09 AM

Hi I have recently been terminated (which was quite a surprise as nothing had been mentioned to me prior to the termination) and have a few outstanding issues which are not being addressed by the company HR department and I would like to enquire what my rights and responsibilities are here in Malaysia?

Prior to the employment my family (Malaysian spouse and children) and I were living in Australia. Expat (on a spouse visa) on a fixed term executive service agreement of 12 months (start 1/6/17) . Was provided a letter of extension for 12 months, stamped by government authorities same as my original contract.

Per my contract –

  1. “fixed basic monthly salary X amount RM (X amount USD equivalent) paid into a Malaysian bank”. Also illustrated in my payslips and income tax per 2017.
    • I was never per the amount stipulated within documents, rather paid based on USD amount converted into RM based on fluctuating exchange rate (a lot less). Am I entitled to be back paid based on the documents? Payslips, tax clearance?
  2. “Company shall be responsible for all Malaysian income taxes and all other taxes and impositions of whatsoever nature arising from the agreement.”
    • I am responsible to pay the difference between paid Malaysian income paid and the Australian income tax calculated balance. Am entitled to be compensated for the balance difference?
  3. “The company shall be responsible for providing work permit.”
    • Because I have a spouse visa, I processed & provided the working endorsement inclusive of the cost impact, Am I entitled to reimbursement?
  4. “Free clinical treatment.”
    • Never used this service, as we have our own family GP.
  5. “Allowed to claim for reimbursement per month up to maximum of $300RM.
    • When asked to back claim for this I was informed this is not a problem.
  6. “Entitled to 18 Paid days of leave per year.”
    • HR told me I only submitted 1 leave form which clearly states, “please use my days in lieu for working election holidays” but was told I took too many days off, so I was not entitled to receive any of my owed leave. Which there is no record of (my word against theirs). Can you advise?
  7. “After 12 months of completed service entitled to 1 economy return flight to place of origin.”
    • Informed I’m not entitled. Can you advise?
  8. Termination summery –
    • “Termination Claus (per the reason provided within the termination letter) either party can terminate contract by giving 1 month written notice or 1-month basic salary (not including any other allowances or benefits) in lieu thereof. Return flight to point of origin.”
      • Verbally terminated on 15 Aug, Met HR Aug 20 received nothing not even an explanation. Return to meet HR 28 Aug, termination letter was provided back dated to the 20 Aug but told it is based on the verbal instruction. Letter states “the company hereby gives you 1 months’ notice to terminate the said fixed term executive agreement effectively 16 September”. Per immigration requirements I must provide my income tax clearance to cancel my work endorsement from my spouse visa, had been informed by HR I had to wait until 15 September until they will submit my tax clearance.
        • Can you advise, is the termination from when I received the letter on the 28 Aug, per the termination letter statement 16 September or should my 1 month commence after I have received all finalized documented formalities?

When met with HR I tried my very best to enquire about all the highlighted points above but was met with an extremely aggressive response. Eventually HR agreed to back pay for claims (Item 5) and offered to pay 6 weeks instead of 1-month notice. But the total outstanding cost (if I’m intitled) far out weighs 6 weeks of my salary inclusive of back claims. The documentation which were provided by my employer are very clear (contract, payslips, termination letter etc), appreciate if you could provide any insight?

Hai, 

What was the reason for the termination if you dont mind sharing?

Regards,

suharinsulaiman@gmail.com

James007
Member
Fri, 14 Sep 2018 11:12:09 AM
Originally posted by SuharinKL on Fri, 14 Sep 2018 09:24:44 AM

Hai, 

What was the reason for the termination if you dont mind sharing?

Regards,

suharinsulaiman@gmail.com

I am unsure, the termination letter was structured around a contractual clause "either party can cancel the contract with 1 months notice."