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04/10/2009 12:06:03
Re: Please Help!

I am facing difficulties on my employment where the company having 200 over staff nation wide (salary range for all staff is about RM 500 to RM 8000. And I need you expertise to advice me what I should do. Thanks
Currently my company decided to salary cut for all the staff with around 20% of the basic salary for each staff as well as sack certain of numbers of staff and it is not immediate effect but it will backdate it (for example, the company announce the pay cut on 15th Sep2009, and it will effectively starting calculate on 1st Sep 2009). But I donít think this company was informing the labor office about this before it announces this. Here is my question on my situation.
1. Is there the company has the right to cut the salary like this? If no then where should we looking with? Because Labor Office is just protect those are RM 1500 and below.
2. Whether this company announced to unpaid leave rather than pay cut straight away?
3. Currently my salary is about RM3000 plus, and is it I am not protected by labor office? Or it should have another way I can looking for?
4. Another issue is, for those lady need to apply for maternity leave must follow this undocumented policy. Which is salary range below RM 1500 is entitled 60 days of leave, range of RM1501-RM3000 only entitled 45 days, and above will only have 30 days. Is there is Malaysia Labor Law stated or this is illegal policy?
5. And the policy stated resigns or termination requires one month notice, when I get sack, could the company pay extra one month salary? And I heard that the company will ask me to stay at the office for a month. And which is true? When I get the termination letter, straight away I leave the office or I still work for them a month?

Appreciate on your expertise. Thanks
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KL Siew
04/10/2009 14:56:13
1. When faced with the current economic downturn, the company may have no choice by to take such drastic measure in order to survive. For for the workers, salary cut is a breach of contract. What the workers should do is to bring the issue to the Industrial Relations Department for them to help to find some amicable solution to the problems.
2. Yes, they can do that if they want to.
3. As stated in 1 above, you and some of your colleagues can bring the matter up with the Industrial Relations Department.
4. Since those with salary above RM1500 are out of the scope of the Employment Act, they will have to negotiate themselves for better deals in this respect. Although such practice is not illegal, but to me it is not a wise practice.
5. It depends on whether the resignation or sacking is with immediate effect without notice. If without notice, the party concerned will have to pay a month's salary in lieu of notice.
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04/10/2009 15:07:31
Thanks for your advice. and since i have a contract that stated bounded for 12 months. and now i am just 6 months working with this company. so is that means this company is void the contract and what should i do? Thanks
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KL Siew
04/10/2009 16:57:07
You have to read the terms and conditions in the contract and act accordingly.
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