Tweety

2/15/2008 10:12:19 AM
Re: Resignation & Dismissal

I have an employee that resign officially on 31st Jan and the duration for resignation is one month notice. However, the board decided to ask this particular employee to leave the company on the 15th of Feb. that is only 2 weeks since he resign. my concern here is, does that employee has the right to lodge in a complain at the Industrial Relation Dept? Can he make a complain and does the company has the right to ask him leave the company before the completion of one month notice? Thanks.
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KL Siew
kl_siew@yahoo.com
2/15/2008 10:23:05 AM
If the company wants him to leave earlier, the company will have to pay salary from the date he is asked to leave up to the last date of the notice.
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Tweety

2/15/2008 10:24:27 AM
You mentioned in others question about "not covered by the Employment Act if your salary is over RM 1500. So this 1500 is the basic salary or allowance inclusive. My employee is 1400 basic + 400 on car allowance + 120 handphone + all petrols inclusive + all parking inclusive. So is he covered under the employement act?
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KL Siew

2/15/2008 10:35:25 AM
Although he is not covered by the Employment Act, but if you owe him money i.e. not paying his salary for the number of days you ask him to leave earlier, he still can make a claim against you under Section 69B of the Employment Act as long as his salary does not exceed RM5000.

"...69B. Additional powers of Director-General to inquire into complaints.

(1) Notwithstanding the provision of this Act, the powers of the Director-General under section 69(1)(a) shall extend to employees whose wages per month exceed 1,500.00 ringgit but does not exceed 5000.00 ringgit.

..."
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