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Employee can not report for work during MCO but expecting for pay

mc
Member
Sat, 23 May 2020 09:23:49 AM  (Last updated: Sun, 24 May 2020 10:13:39 AM)

Dear Administrator,

We are a SME in Ipoh after reading your article dated 4th May COVID 19 FAQ , we would like to ask your advice on the following.

Our situation : “an employee said he is in Kelantan and as at today (23nd May) still unable to come back to Ipoh to work ” .

1. we are in essential industry (carton box manufacturer in Ipoh), and have MITI approval to operate with 50%  workforce during MCO , we paid all employee full salary in March (work and not working) .

2. As we applied for Pay subsidy Programme RM1200 /employee from April and again all employees received their full salary in April .

3. All our employees started to report for work from 29th April 2020 as announced by government. However ,one employee informed that he is in Kelantan and can not come to work. We told him to make his arrangement to return to work. Anyway we will keep the job (operator) for him.

4. Early May he inform the supervisor again, he is unable to come back (no transport) and he ask/ request he should receive salary for May as the company is under Pay subsidy Programme. Supervisor informed him we will only pay him if we are legally bind. As we know the PSU is to assist company so that employee get pay and not retrench . 

5. On 15th May 2020 , our supervisor told him (through whatapps) he can follow our lorry back to Ipoh as we have a consignment to Kelantan.We also informed him when he is back to Ipoh he is required to undergo 14 days self quarantine and company will pay him salary start from quarantine date.  However he did not reply / take up the offer. For your information during normal time ,non MCO , he has the experience to take a lift from our driver when our lorry goes to Kelantan before this.

6. However, he told some friend the he will come back after Hari Raya !

7. So  we seek your opinion for our action :

     1. we will not pay him for May salary and consider him under unpaid leave. We are of the opinion that we right to do so because :

                                       a)  he did not come to work on his choice, he choose to travel back to Kelantan 

                                            during MCO which he is not suppose (whether he is in Kelantan or not ? )

                                                b)  he choose not to take up our offer to take a lift from our lorry when our lorry go to Kelantan (15th May)

                                c) he plan only to come back after Hari Raya (he told some of his friend)  but expected to get pay for not  

                                  working .

                                d) his absence from work place some how also affect our efficiency for the process his is involve. Also cause problem for work arrangement.

Do you think we are right not to pay him the May salary ? We thank you in advance are looking forward for your advise. 

Regards,

lim

KL Siew
Administrator
Sat, 23 May 2020 10:20:28 AM

When did he go back to Kelantan and was he on leave when he went back there?

mc
Member
Sat, 23 May 2020 10:28:51 AM
Originally posted by KL Siew on Sat, 23 May 2020 10:20:28 AM

When did he go back to Kelantan and was he on leave when he went back there?

Dear Administrator,

He went back to Kelantan  during MCO (maybe phase 1) , he is not on leave. We pay him salary for March , April same as all other 50% employees who are not working .

He only informed us he is in Kelatan when we inform him to report for work when the government announced essential industries can operate with 100% workforce (from 28th April 2020).

KL Siew
Administrator
Sat, 23 May 2020 11:13:46 AM

In view the MCO situation, I would prefer that you consult the Labour Department for an official ruling about the May salary payment. Give them a call with details.

Irwin
Member
Sun, 24 May 2020 10:13:39 AM
Since your company already applied the WSP, I suggest no to force him to take UPL unless get his consent to apply UPL. refer to following link https://www.perkeso.gov.my/images/arahan/PEKELILING%20MAJIKAN%20BIL.5%20%20TAHUN%202020%20-%20Tatacara%20Mengemukakan%20Permohonan%20Program%20Subsidi%20Upah.pdf