Say Keat
2/22/2008 2:54:36 PM
Re: I was facing problem in LABOUR LAW, hope that can help me in this

I was facing problem in labour law, hope that can help me in this.

I have sue my previous company coz that they did not paid my salary.
And now the company want to sue me back say that i did not follow the offer latter that they give me sign.

Before i want to sue that company i had asking the labour office (Pegawai) about the case, then she say can sue the company, so i had also agree to sue that company, but when i meet with that company people and the other (PEGAWAI) at the labour office on 22 JAN 2008, that other PEGAWAI was say that i was wrong. Now i had receive another letter from labour office and they want me attend the second meeting at labour office with that company people on 26 FEB 2008. What should i do now??

The offer letter had write there :
3.1 Working hours are from 9.00 m to 6.00pm (Monday to Friday) with a lunch break of one hour, either from 12.00noon to 1.00pm or 1.00pm to 2.00pm.

3.3 During the course of employment, if the employee is ABSENT, 3 (three) consecutive days without informing the company or it's officers, then it would be consider as a branch of employment of service and the company reserves, the right to terminate, with immediate effect the work agreement without further prejudice.

They had send me a termination letter date is on 13 NOV (TUESDAY).

Because 8 of NOV (THURSDAY) is Deepavali, so that day is public holiday, and i on MC on 9 of NOV (FRIDAY) coz of body check up and i already inform them that i will on mc on that day on 6 of NOV (Tuesday) and 7 of NOV (Wednesday) . Then 12 of NOV (Monday) i did not go office, then 13 NOV they already send me the termination letter.

Please kindly teach me how to solve this case...



Edit | Delete

KL Siew
2/22/2008 3:09:34 PM
Since the officer has said you were in the wrong, you don't want to ran the risk of lossing the case and ended up paying the company instead,right? If you agree, you may telephone that officer and ask him whether you can withraw your claim against the company. If it is OK withdraw it so that you don't have to face a counter-claim.
Edit | Delete

Say Keat
2/22/2008 4:40:27 PM
I need to know am I in wrong while 08.11.07 was
Deepavali (Public holiday), 09.11.07 I was on MC,
10.11.07 & 11.11.07 was saturday & Sunday and I'm not
working on 12.11.07 and the Company give me
termination letter on 13.11.07.

Please advise.



Edit | Delete

KL Siew

2/22/2008 4:59:16 PM
OK, you may argue your case something like this:. Under Section 15(2), the law says "more than 2 CONSECUTIVE WORKING days", whereas I was in fact absent only on 12/11 without reason, there was in fact only one day and not more than two consecutive working days. Saturday and Sunday are rest days and not working days......therefore I was not wrong and so on". Good luck. and let us know the outcome of your case.

15(2) An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence.

Edit | Delete

Say Keat
2/23/2008 9:37:45 AM
I just receive a letter from Labour office stated that
my employer give me the termination letter and refuse
to paid me my half month salary is not wrong & I need
to compensate my employer for 1 month salary.

If i use section 15(2) to argue the kes, how many
percent i have on this case.

Plese advise.


Best regards.
Edit | Delete

KL Siew

2/23/2008 9:47:37 AM
Since you have already made the claim, just go there and find out, don't worry so much. Let the Labour Office decide.
Edit | Delete

Post Response提问

Name 名:
Email 电信 :  (optional 可以不用)