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Daniel Lau
25/07/2007 23:36:28
Re: Pregnant Wife

i am from sabah. my wife working as a admin officer with a company who provide service apartment to rent. now my wife is pregnant (when she is appointed, she is not pregnant yet) and her boss still not yet confirm her appointment as a permanent staff without any reason(coming to 6 months already).

now the problem is, if her boss fired her without any proper reason (which i believe sure without proper reason cos my wife work properly). should her boss compensate her. because surely my wife can't look for any job during her pregnancy. if yes how it's work?

thanks very much, and waiting for your reply urgently.


daniel, sabah.
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KL Siew
26/07/2007 09:02:31
If her employer ever fired her, your wife can take the following actions:

1) Complain to the Labour Department for any benefit which her employer fails to pay her like, indemnity, balance of annual leave and so on; or
2) Complain to the Industrial Relations Department for wrongful dismissal;
3) About her pragnancy, the question whether she is entitled to maternity allowance or not will have to be looked into after she has given birth.

At present, it is still not sure whether she is going to be dismissed or not.
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Daniel Lau
26/07/2007 15:41:41
thanks for prompt reply.

for answer no. 1 - it's that mean that the employer only need to pay for my wife one week salary since my wife not yet being confirm as a permanent staff or the employer have to compensate my wife for the remaining period of pregnancy plus maternity leave (2 months). (in the situation where her employer dismiss her within this few week)

for answer no. 2 - can i have the web address for this department?

for answer no. 3 - not very clear (not understand). i known that currently her colleague is serving 2 months maternity leave with salary. (they are working under a same company).

thanks again.

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KL Siew
26/07/2007 16:28:14
Not knowing what is stated in her appointment letter about notice period, not knowing the date of her dismissal and not knowing the confinement date, there is not way I can give you a clear answer. I got the Sabab State Labour Department telephone number: 088-238755(or ask the operator). Try the number and the Labour Office there may be able to give the detailed explanation of your wife case.

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27/07/2007 10:49:03

I am the wife of Mr Daniel, and here i would like to make it clear on my empployment and hope that you can provide solution for me.

I was employed during middle of March whereby I am not pregnant at that time. I have sign a Letter Offer : 2 weeks termination notice on probation period (3 mths) and 1 month notice after probation.

I found myself been pregnant during April (after 3 week working at this company). Then I had informed my Manager also about my pregnancy. After 3 months probation, I request for the confirmation letter and during this time my Manager was on Maternity leave. So, My director do not want to give me any confirmation letter but telling me he will transfer me to his newly establish company by end of July 2007.

Then, there is a careless mistake done by my Director, he placed a copy of the termination letter on the table that he like to fire me effective 1st August 2007. The reason for dismissal is due to overhead business cost and need to reduce staff. The letter will only pass it to me when he fix a date for the interview -- and this should be by next Monday.

It is unfair for me cause I am pregnant now and I have to wait until deliver my baby to find a new job. Can I ask for the compensation from my Director ? I have try to contact the Labour Dept Sabah, and it seems that they did not provide the good explanation to me and ask me to accept the 1 month compensation only. It is like that ?

The questions is I need to find out about compensation matter and can my Director act like this ? This is really unfair for me and all the while I have been perform well since the first day of employment.

Kindly assist me as soon as possible.

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27/07/2007 13:14:02
Mr Siew

Would appreciate you can give me an advise soonest possible.

thank you very much
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KL Siew
28/07/2007 14:26:26
I missed your message.

(1) Another way is, if you think the dismissal is unfair, you can instead of complain the Labour Office, you can make a claim under Section 20 of the Industrial Relations Act for reinstatement. You may approach the nearest Industrial Relations Office from your place of work. About compensation you wre talking about, there would not be much if any because of your period of service is so short.

(2) About the question of your pregnancy. If the termination of your service is really on 1st Agust, to qualify from the two months manternity allowance, birth must take place within 4 months from 1st August i.e. 1st December. Only your doctor will be able to tell the actual date you are going to give birth.

Now, knowing where you stand, you can talk to the director for some compensation when he interviews you or gives you the letter. If you are not happy with the outcome, the Industrial Relations Department may be worth a try.
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01/08/2007 09:26:43
Mr Siew

Thank you very much for your advise.

Yesterday I have received the termination letter but then my director take it back due to he do not agree to pay me the 2 months maternity allowance and he said it unfair for him. I just wonder is it fair to me as you saw me pregnant now and purposely do not want to confirm my employment and now want to dismiss me ? Definitely I cannot apply any new job now as no other employer will hire a pregnant woman.

This early morning, I received another letter that saying my employment will be terminate with effective from 1st September 2007. In the letter, he did not mentioned any compensation about termination. He is a foreigner and when I try to support my statement together with the Labour handbook, he seems do not really believe and inssist not to pay. My expected due date is 2 Dec 2007.

I really feel dissapointed with my employer and this time I have taken a copy of the termination letter because I really feel that now he want to terminate me and not I am the one to terminate this conttract. Is it really I cannot do anything with this ? I called to Labour Dept and it seems that they do not want to entertain my problem but instead ask me to accept the 1 month compensation and I cannot ask for the maternity allowances.

I need your advise urgently.

Thank you

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01/08/2007 11:46:52
Mr Siew

My director told me that because I am not confirmed staff so I cannot ask for the maternity allowance. As mentioned earlier, after 3 months I have ask for the confirmation letter which he refused to issue to me. But instead ask me to wait for the new office to open then I will be transfer to new office. When the new office will be open - I think this is only the reason he simply give to me so that I will not asking for the confirmation letter.

My salary as stated on Letter Offer is RM1600 per month, but, in real fact, i am only received RM1380 per month. Am I still protected under labour law ? I have all the salary slip copy shows that my basic salary only RM1380.00.

Please advise.
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KL Siew
01/08/2007 12:13:51
Yyou cannot ask for maternity allowance now until you have given birth. Only by then you will know whether you are entitled to maternity allowance or not. It is correct that the Labour Office cannot entertain your claim for maternity allowance now.

If you really want my advice, the proper department for you is the Industrial Relations Department which you can claim for wrongful dismissal. Go there an inquire.
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