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Terminated by employer without pay

Max  
Guest
Sat, 29 Aug 2009 11:25:05 AM  (Last updated: Mon, 31 Aug 2009 09:38:24 AM)

I worked at a recruitment agency from 6th July 2009 and terminated by my employer on 20th July 2009 stating that I'm not suitable for the job. It was a verbal termination with no termination letter. In my offer letter it's stated that "Notice of Termination : Either party may terminate this contract by given one (1) calendar month notice in writing." Not stated whether it's before or after probation period. Now it's been 1 month passed the salary pay out date (28 July 2009) and I've yet to received my pay. I emailed my employer and he gave excuse of cheque writing error. What can i do?

KL Siew
Administrator
RE: Terminated by employer without pay
Sat, 29 Aug 2009 11:36:08 AM

Apart from the salary for the days you worked, you should also be entitled one month salary in lieu of notice since they have terminated your service verbally without notice. Go and make a complaint at the Labour Department.

Max
Guest
RE: Terminated by employer without pay
Sat, 29 Aug 2009 12:02:45 PM

Thank you very much KL Siew for the prompt reply. Agensi pekerjaan the hunter group sdn bhd is really a bad company. First, they offer lower salary than promised during interview. Then they don't pay you after firing.

Max
Guest
RE: Terminated by employer without pay
Sun, 30 Aug 2009 03:18:14 AM

Below is what i emailed my ex-employer (George):

17/8/09 - Max

Hi George, Max here. I still havent receive my pay for July, please let me know when u will bank it in for me or do I need to get the cheque from u personally. Thanks.

17/8/09 - George

I did bank in the payment to you on end july. But something error happen due to the checque writing error. will bank in to you again. Or maybe will get you to self collect the cash from me once my account get it fix.

 26/8/09 - Max
Hey George, how's my salary coming up?
29/8/09 - Max
This will be the last time i email you asking about my salary. If i still do not receive my July'09 salary by 4th September 2009 I will file a complaint to Labour Department for the salary of the days I've worked and also one month salary in lieu of notice since I've been terminated verbally without notice, whereby it's stated in my appointment letter that "Notice of Termination : Either party may terminate this contract by given one (1) calendar month notice in writing." I do not wish to make things ugly, please don't force me to do so.
29/8/09 - George
I never said that your salary will be bar from pay. Also you may want to read carefully over again that i clearly stated that only those "FOR" PERMANENT staff need to serve 1 month notice whilst probational period need only serve 24hour notice without specific any reason for either party if wish to discountinue the work. Under labour law too, for probation staff rightfully we need only serve 24 hour notice for those who work not longer than 6 months under labor law. so don preach me about labor law. furthermore if you really want turn things ugly i have my way to deal too. I hate to make things in ugly situation unless been challenge so. i hope you not challenging me. as i told you, i did issue you cheque last month but was return back due to the error spelling in cheque. your salary was a mere of total not more than RM500 so its not a big amount to pay. you will received your pay in collecting it from me personally. i will call you up to collect the cheque this time instead of bank in to you.

It's not stated in my offer letter that notice of termination is for permanent status.

I'm currently working now so it will be difficult for me to collect the pay personally, can i ask him to bank-in instead? If he refuse to bank-in must I collect it personally?

What is the best solution for me, wait for the salary or file a complaint with Labour Department?

KL Siew
Administrator
RE: Terminated by employer without pay
Sun, 30 Aug 2009 02:55:28 PM

Give him a phone call see whether cheque is ready. Go and collect it. If you still fail to get your money, you have no choice but to make a claim for it at the Labour Department.

CK Kong
Member
RE: Terminated by employer without pay
Sun, 30 Aug 2009 07:06:21 PM

Assuming what your boss said is true that you were terminated with 24 hour notice since you were under probation, you should be paid as follows:

 Sec.20. Payment on normal termination of contract

The wages, less lawful deductions, earned by but not yet paid to an employee whose contract of service terminates in accordance with section 11 (1) or of section 12 shall be paid to such employee not later than the day on which such contract of service so terminates.

Max
Guest
RE: Terminated by employer without pay
Mon, 31 Aug 2009 09:38:24 AM

Thanks for helping, i will try to resolve it peacefully if possible.

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