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Termination and Delay Salary Payment

Fri, 21 Sep 2018 12:33:19 PM  (Last updated: Fri, 21 Sep 2018 02:12:22 PM)


Below is the detail on the current situation;

1) The company I am currently working at is a small local company
2) The Company Managing Director announced on Sept 4th, 2018 the company will stop operating in Oct, 2018
3) The Company Managing Director gave a 8 weeks notice to me according to employment contract. My employment will officially be terminated on Oct 30th, 2018 with the reason the company will cease operating. 
4) The Company Managing Director mentioned on Sept 4th, 2018 there will be a delay in paying salary for Aug, 2018. I asked for the payment on Sept 14th, 2018. He told me on Sept 19th, 2018 there will be a further delay. As of today on Sept 21st, 2018, I have not received my salary

At the moment, I doubt the company is going pay me until October 30 even though I have a duty to continue serving them. I had submitted a ticket to Labor Office asking for help and I was told that they are not able to help because my salary is more than MYR5,000. Can you advise what shall I do ? Can I file a case to Industrial Court? How much it will normally cost me if I have to engage a lawyer, I certainly want to minimize my spending as I am not getting my salary.  Appreciate your advise.

Fri, 21 Sep 2018 02:05:40 PM


At the Industrial Court your claim will be based on unfair termination i.e you are saying the Company had wrongly terminated your employment.

For the above we need to look at the reason for termination, in your situation your employment is terminated because the closure of the Company. If you have any evidence to show that this is not true or this is just the Company's plan to escape from the liability to pay its employees, then you may have a case of unfair termination and you may also claim for any unpaid salary.


Fri, 21 Sep 2018 02:12:22 PM

 Dear Suharinsulaiman,

Thank you for your reply.

I believed it is true that the company is closing down its operation in October. With that, what shall I do in order to claim for the unpaid salary. Appreciate your advise.


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