Hello again. I had been confirmed by a company after probation period.

Hi, I would like to know if I tender my resignation notice (3 months) to my employer, can he terminate me before the actual resignation date without any compensation? I've just received a show cause letter from them regarding an incident where I have dispute with another colleague 4 months ago. Is it justified for them to terminate me without compensation based on this reason? Thanks in advance.

Hi, My company operates five days/week (Monday - Friday). Is it compulsory that we have replacement leave for National Public Holidays (at least the 10 PH) that falls on Saturday?

请问在labour law里， 产妇早产，少过28周的怀孕期就生产了， 但是孩子有幸生存？这样能得到maternity allowance吗？ 还有如果说在生产的时候，孩子不幸夭折， 产妇还能领取maternity allowance跟请产假吗？

1. 请问不被employment act 保护的员工（薪水> RM 1500)是不是都是under Industrial Relation Act?

Hi, I would like to ask regarding 16th September 2010. Is it confirmed a compulsory public holiday?

Hi, Is there a list of compulsory public holidays that all registered companies must follow ? My company is in the construction line and it seems that there are only 8days of public holidays in a year and all other days we have to come back to work, is this legal ? Thanks.

Hi, I am preparing a letter for the extension of his probation period. At the bottom of the letter, I am putting in this sentence..."I hereby confirm that I fully understood the decision and (accept/reject) the extension of the probationary offer."

您好, 请问离职没有给足一个月的通知,请问薪金该如何计算?是否还可以请假? 他的Resignation letter 是09/08/2010.事假是在30/08/2010.这样子的方式该如何计算薪金 (算到27/08 或是不是31/08)?我司的工作日是五天制. P/S:辞职人已无事假! 请尽快回复,谢谢 !

Hi KL Siew, My salary is above 2k. I work in the admin department. I work 8 hours a day from Mon - Fri. Recently, I was required to work on Sat and Sunday outside of the office - to help out in the public event coordination from 9am - 6pm which is not inclusive in my job scope. These public events are held 2 months once. Do i have the rights to claim allowance or replacement leave? I know salary above 1.5k not entitled to claim OT. Please advise...

Malaysia Day is not considered as compulsory public holiday in private sector?

Hi, I have a maternity question. My maternity will start from 5 Sep 2010 to 4 Nov 2010.Resignnotice need to give 2 months. I decide to tender notice on 5 sep 2010. Should i get my maternity allowance? My salary more than 1500 but less than 5000. I have try to call Labour department, but they say im not protect my EA. I try to another officer but different officer different view. Some officer say i can get my maternity allowance. What can i refer? Please give me some advice before i do any action. Thanks in advance.

Could company deduct a worker salary if the worker is found not attending for work during the notification of termination period? Or we should pay for his full basis?

Hi, We have an employee who is on maternity leave until 29 August 2010. However she has tender her resignation on 19 August 2010.

Hi, In my appointment letter got mention that 1 mth notice or salary in lieu of notice. (salary RM1,700.00 as office asst)

Dear Sir, Would like to confirm whether the layoff benefits for 6years (entitle 20days wages per year) still need to calculate EPF, Socso (employee & employer) or PCB? Thank you.

该员工以前是一名sub-cont维修汽车头手，现在转行来到我们车厂做 permenent staff ,有basic,allowance,comission,ot.

I just joined a new company recently. I am asked to work on public holiday, including Worker's Day, King's Birthday, National Day etc. Initially my boss promised to give me double pay, but then she said working on 1 day public holiday means I have extra 1 day off day instead of double pay. Or, work on 1day public holiday should be substituted by 2 day off day if my boss doesn't want to give me double pay?

My salary is above 1500, monthly rated. I'm going to travel in Sept. Initially my boss allowed me to take leave in advance and then replace it back in the future. But now he refuses and wants to deduct my salary instead with the formula of (basic salary + allowance + commission)/26 X no. of days. Shouldn't it suppose to be only basic salary is counted? Furthermore, I'm confuse whether it should be divided by 26 or 30. TQ!

Hi, My question is similar to this thread: http://www.mylabourlaw.net/forums/9217-bonus-increment.php however, I am not able to find anything in my employment contract that mention about payment of increment or bonus shall be made to staff who are servicing his tender notice. In this case, what would be the default ruling? thanks in advance for answering.

Hi All,  New to the forum and was wondering if someone can help clear my doubts

Hi, my company's location is in Selangor. I found out that the following days are not holiday by my company.

a. Staff who roster to work on a Public Holiday cannot choose to take the Public holiday as their day off, as they are roster to report for work.

Hello. I am an US expat and have been working as an English teacher with my current company (language center) for over a year. I have a set salary set and has been the same for about ten months now. This whole time, taxes have not been paid from the employee or employer. Now they are going to start taxing on my salary which is OK, my question is....Is my employer allowed to tax me on a salary that I have had for more than ten months? I was under the impression that the employer would have to readjust salary before they begin taxing me. Any help in this inquiry please?  I would really appreciate some support on this. I told my employer that it was illegal for them to take my taxes without adjusting my salary. This is what I got from your website regarding salary deductions: 24. Lawful Deductions.

Hi all, I've a question regarding to contract, recently my HR manager is proposing an increment to me, as well as a promotion, which is to headover as Head of Dept, but she mention that, the company will want to bond me with contract for 2 years term, I've yet to sign the contract, and I told her I will need to go through the contract 1st before I actually say yes to the offer, my concern is, what are the eseential things should I look at before I sign on it?

I have discuss with company i will resign and give 1 month notice and booth of us already agree about this perior of time, and the discuss environment is peaceful without any argument.

 Dear Sir/Madam, I am an employer and I would like to change my working hours. Below with details:-

Hi, I just want to get the clarification from you about the short notice of resignation & calculation of deduction salary based on the short notice. i.e.: i have 7 1/2 days leave

Good day. I would like to check regarding pay slips. Is there anything in labour law / act that mentions about pay slips?

Hi, Need some help for the company issue. The company issued 1st warning letter to the staff due to his poor performance, and stated he will be review within the following 3 months times, after 1 months later, the management found that he really not suitable for the job, after the discussion, the staff accept to submit resignation letter, but his letter stated giving only with one week notice, (  actual employemnt agreement is 2 months notice).

 Right now i have an offer from another company and i am willing to take the offer but the previous company policy stated that they don't issue any release letter for all staff. My question is, do the company have the rights to decide wether they are willing to issue or not the release letter, and are there any other way for me to joined wiht the new company without issuing release letter or  spend the coolling off period. Regards, Oki

Hi. Is there such a term whereby employers are given 48 hours to accept resignation, in which after the 48 hours is overdue, the terms stated within the notice of resignation is deemed accepted?

I have a query regarding the deduction of wages under the Labour Laws. A company has recently bought over another company (together with its employees) due to financial crisis of the latter. The terms of the contract of employment of the acquired employees remain the same. However, recently, the company has decided to introduce a new salary scheme which is performance-based known as "the commission scheme". Which means that the acquired employees will no longer receive a fixed salary as in the employment contract. They will be offered an amount of salary on a per day basis plus commission. The problem is that even if the acquired employees were to work for 30 days in a month, they won't be able to get the same amount of the previous salary. In other words, there will be a huge deduction (more than 50%). The company is aware that under the 1955 Act, even if deductions were to be allowed by the D.G, it cannot exceed 50% of the existing salary. Also, the new salary is "less favourable" than the old salary. Be that as it may, the company is justifying its action by saying that although there has been considerable deductions, it is introducing a commission scheme. There has been proof that there are employees who earned more salary under this new scheme as compared to the old fixed salary because of the commission received. Besides, the employees also expressed their interests in accepting the scheme irrespective of the deduction in their wages. Therefore, it can be said the scheme is beneficial to both the company and the acquired employees. However, not all employees have the same level of diligence and understanding. Therefore, some employees may benefit from this commission scheme and some may not. The less diligent employees would rather receive a fixed amount of salary every month than an amount of salary based on their performance. 

Dear Sir, Our company is going to closed on 30 Aug 2010 (Monday) as celebration of Merdeka by deduct employees one (1) day Annual leave.

I've been working part time at a company in a shopping mall off and on for 1 and a half year with RM4.50 per hour.This month of july i worked at the company again for 22 days ie 162 hours.Usually the company will pay me 162 x RM4.50=RM729.

Dear Sir, Im an employee of a company for more than 2years 5months now,as a CGD artist with salary RM1900. My current management is letting go the business by end of august 2010, and i am investing in buying shares of the company which is entitled me to be in the board of directors by 1st september 2010 with the new management. The company allows 12 days of annual leave, I have taken 7days this year, balance 5days. Am i eligible to take 5days annual leave before end of the month? How about this years annual leave,which is suppose to be granted next year(after 12complete month of service) Thank you for your kind help!

Morning! Can the employer force the factory operator, office clerk & other staff who salary below RM1500 to work on rest day at outstation as cleaner and waitress for company project, OT pay but threatern them if they don't want to cooperate, then the management will take action against them. Which law protect employee on this matter?

I am a Sr. IT Consultant and working with a firm in Malaysia on Contract. My 6 months contract will expire on 25th August. My Visa in Malaysia is for 2 years, but it mentions this is on employment with the ABC company. Now, is it right to travel on 26th after expiry of the contract?? Or i should ask my company to book my travel tickets only before 25th, that is before the expiry of contract. Will it create any kind of trouble in immigration?

Please advise do company needs to give reason of termination if we are terminating their service and pay the notice in lieu? And the in the lieu amount should be the balance notice period as the staff tendered resignation and serving notice now, right?

Staff "M" is a confirmed staff. He gave1 month notice instead of 2 as required in his signed appointment letter. According to his signed appoinment letter, he is also to return to the Company a sum equivilent to 2 months of his salary for the training that he received if he resign before fulfilling his 2 years employment obligation.

Hi Staff "A" resigned a week before her confirmation. As per her signed appoinment letter she is suppose to give the Company 1 month notice and 1 month salary for the training that she received if she resigned during her probation period. She gave 24hrs noticed and refused to honour her agreement with the Company. She claimed that as she is earning below RM1500 she need NOT honour her agreement. She claimed that she has check with Jabatan Buruh / Tenaga Pekerja. is she correct? Pls advise. Tks Regards ==Willy==

Hi, I hope someone can give me some suggestions and advises with the situation that I might be facing very soon.

Hi, I have joined the company in 01/06/2007 and tendered my resignation letter dated 31/05/2010. I have 12 days annual leave. So how many days of annual leave i entitled to? If the law says :  "12 days for every 12 months of continuous service if he has been employed by the same employer for a period of 2 years or more but less than 5 years. " How do i calculate? Is it pro-rated?

Dear all, I'm a freshie in HR field which currently working in F& B company. I am doubt in Shift allowance.

请问下，员工被派到外地出差如果超时是否可以Claim OT。

Hi, I'm required to give 3 months notice but I only manage to give 2 months notice.  Noted that I'll be required to payback 1 month salary in lieu.  Just need to confirm will the payback be my gross salary or based on my nett salary after deducting EPF and Tax.  If it is gross salary then will the company pay for my EPF and can I exclude this in my income tax deductions? Note that my salary is above RM1,500.  Also my management have approved me to leave earlier than 2 months as I still have balance earn annual leave of 6 days. Thank you.

Hi, this is my 1st posting here. I'm a fresh graduate currently working in a medium audit firm with salary of RM1700 one month. My working hour is from 8.30am - 5-30pm. But i never been able to go back on time. We always worked overtime till 9pm or 10pm. Today is the worse, till 11++pm! I asked my senior, why we can't claim for OT? he just reply because we work very slow therefore no OT can be claimed! But this is very unfair because the workload is too much. We went outside to audit and need go back company to do paperwork and etc. I wanted to ask, can we claim for OT? what should i do? This is my first job, and i feel very helpless.

Hi, Seek for your advise if the employer going to hire a contract basis full time worker, can the employer indicate the blw terms and conditions, is there any item against the law  ?

Salam. My staff already resign on 13 June 2010. Her give one month notice because she already work with this company since 17/10/2005.For your information, last day she work at this company is 30 June 2010 and her have annual leave for 2010 is 18 day (reference : my company handbook, 4 - 5 years  get 18  day). Her salary is RM 2000 per month. My question is:

Hi, Morning I need ur assistant or advise urgently. 1.  If a staff did not turn up to work continue more than 2 days and we had already called and issued formal letter to this staff to instructed her to come to work.  --- Can we terminated this staff under misduct and do we still need to conduct a domestic inquiry before issue termination letter?   (this staff salary is above RM1.5K) Thanks