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27/11/2007 22:35:19
Re: Problems with a staff work already 2 months 4 days without signing and returning back offer letter

Dear Mr. Siew,

I have a problem with a staff whom I employed as account clerk. Salary at RM2000 no medical claim allowances but have MC leave. Paid for each MCs she took. Working hours from 9am to 6pm with 1 hour lunch. This is a small company-family business. Everyday she will reach office at 9.15am each days sometimes 9.30am but usually late and we have indirectly to inform her to come work early. After 4 weeks of working, MCs oftenly we received. But this is not a problem.

Problem is there is an argument over a small matters about letter of employment. One copy for staff and another one is company. She did signed either one but the office copy she didnt sign and didnt returned to us. Both copy she kept for 2 weeks and the letter didnt mention employees copy and company copy. When asked to return back the copy, she scolded us that the copy is her P&C and she has the right to keep it and not return to us. Is this correct?

However, she resigned on the same day the argument had which is 4 September 07. And, that is the day where preparing for salary to staffs for August. She prepared and requested for cash out salary. And, we don't give medical claim based on the letter to her but she included in her salary. Well, we aproved and let it go without any notice of resignation from her.

Today 27 November, she claimed for the 4 days unpaid salary for September and we don't receive any resign letter from her. And, at the offer letter stated that we need 2 weeks or one month notice. Mr Siew, do you think I need to pay the 4 days salary?

And, there is an old staff said we need to pay the salary to her no matter what. Labour is powerful. I was confused although she has signed either one copy of the offer letter.

Another problem is, we have currently employ an elder staff where she has years of working experience in accounting - 9 years and keen to labour law. Every time when touch on any issues pertaining human resources rights. She indirectly claimed that our company is always wrong. And, now is already a month since we have handed her company and staff copy of offer letter. She still didnt return to us and still didnt sign on both copy. Is there any influence to us if she resign the same day without giving any notice which we require where we don't pay out the salary to her? Do we have the right?

Lastly, at the employment for the paid out bonus. We stated depend on the company performance instead of confirming each of staff will have. Do my company has the right?

Is the employment letter and offer letter is the same?

What are the employer rights?

Please advise. Thanks.
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KL Siew
28/11/2007 08:29:06
Very simple, next time when you give the appointment letter in duplicate, you let him or her sign both the copies in your presence. After that give him/her the orignial and you keep the copy. Normally the new staff you return to you the acknowledged copy, I don't understand why it should happen for your staff to refuse to return.

As for the payment of 4 days salary in September, since you said "... we aproved and let it go without any notice of resignation from her..." then I think you should pay. Don't change your mind now.

As for bonus payments, if it is mentioned in the appointment letter, make clear it is paid entirely at your discretion.

The important things are the contents of the letter it does not matter it is called appointment letter or offer letter and so on.

Try to read more about labour laws.
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