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Show Cause Letter & Warning

Kelly Evelyn
Member
Fri, 09 Nov 2018 03:33:34 PM  (Last updated: Mon, 12 Nov 2018 09:43:40 PM)

Hi,

My staff submit late for the statutory for all of the company's subsidiaries and create loss for the company in year 2017, few times for late submission and the late charge havent pay until to-date, total amount is RM1520.00. And, i just joined this company and found out this matter. I am not sure can i take a disciplinary action toward her misconduct for past year. 

Can i issue a show cause letter to her first?

Hope to get an advice. Thanks.

KL Siew
Administrator
Fri, 09 Nov 2018 04:54:29 PM

I am not sure what is going on. If you think necessary, discuss with her about it. Ever if it is true, you still cannot lawfully recover the money from her as the matter happened way back in 2017.

Kelly Evelyn
Member
Fri, 09 Nov 2018 06:09:41 PM

She texted me a message and request for help today, she said KWSP chase her to pay those late charges. I asked her why submitted late and dint settle the late charge until now. And her replied was she are not familiar with the statutory submission and partially was her fault too. In this case, can HR issue a show cause letter ask for a proper explanation?

And any idea who should bear the late charges?

KL Siew
Administrator
Fri, 09 Nov 2018 06:35:59 PM

I see, it is EPF late charges. The company has to pay late charges but you can give her a warning. Since she said she was not familiar with EPF remittance, HR should give her the necessary training and guidance.

Kelly Evelyn
Member
Fri, 09 Nov 2018 08:34:56 PM

Actually not only epf, socso also have late charges. Besides this, she handle admin work and dint pay for cukai tanah on time and end up penalty imposed to the company. Adding up all of these poor working performance, HR should take disciplinary action towards her. May I understand why employee shouldn’t pay the late charges by her own? Since she willing to pay as she admitted partially was her fault too.

KL Siew
Administrator
Sat, 10 Nov 2018 08:03:19 AM

As those late charges, for EPF and others, occured  in 2017, have those charges been settled by the company, or is it still pending?

Kelly Evelyn
Member
Sat, 10 Nov 2018 12:41:22 PM

it’s still pending, no body settle it until I joined this company and found out. What should I do actually? Can I take the first disciplinary action toward her?

KL Siew
Administrator
Sat, 10 Nov 2018 02:06:17 PM

I thnk you should go for her superior, the admin manager or whosoever instead of putting the entire blame on her. As for asking her to pay, I think any deduction from her salary to settle those charges will be unlawful under the Employment Act.

Kelly Evelyn
Member
Sat, 10 Nov 2018 03:37:40 PM

I am her immediate reporting superior. It’s ok, I also don’t want to ask her to pay actually. However, I just have to report to my MD and think a solution to solve this matter :) 

KL Siew
Administrator
Sat, 10 Nov 2018 04:20:19 PM

Bring the matter up with MD is the right move. Be aware.  EPF charges should be settled quiickly as the amount can snowball pretty fast.

Kelly Evelyn
Member
Mon, 12 Nov 2018 09:43:40 PM

Thanks for your help all along this, I just settle this matter with my staff and the MD supported my decision. I dint ask my staff to pay, but I will give a verbal warning to her so that  she can be more alert and sensitive to deadline. Anyway, really thanks for your help and opinion.