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18/06/2008 17:23:55
Re: Resignation

Hi Mr. Siew,

I've tender my resignation on 2nd June 08, serving 3 mths notice, so my last day is 1st September 08. My cuccent salary is above > RM3500.

a) I'm entitled for a petrol allowance claim of RM3000/annum. My company now is only allow me to claim based on proportion as I only serving for 8 mths this yr. Although the letter said that the company reserve the right to reduce/ terminate the allowance, do they really have the right to do so? Cause we are allowed to claim all even in just few mths provided that receipts are submitted/ proven.

b) I've been appointed as the ISO representative since this year for conducting/ managing the ISO matters within my department. By end of year, I should be paid with extra bonus for that services, but no black &white on paper for the extra bonus. Since I have served for more than half year, do I entitled for half of the extra bonus? As they are proportioning my petrol claim.

c) In addition, since i have worked in the compony for 8mths this year, am i entitled to receive the propotional bonus because my company will pay minimum of 1mth bonus by end of the year?

d) I've been told that I have to serve exactly 3 mths notice and not allowed to utilize my annual leave to leave the company earlier. Are they entitled to do so? I'm planning to take leave on 1st September and leave earlier, can I take leave even though the company not approve? Am I protected by any labour law & regulations? Cause I'm haven't start work in other company yet, only on 2nd September.

e) Based on current practive in my company, they will hold my August salary and only pay on the end of September. Do they have the right to hold my August pay and only credit in on the end of September, since my last day with the company is 2nd September. As I know the company must pay on the 7th day of the next month.

f) Who should I refer to if they holding my salary??

Thank you.
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KL Siew
18/06/2008 17:45:47
Since you are not covered by the Employment Act, there is nothing much to tell you. You may clarify all those matters with your company. It there is any dispute, you can refer the matter to the Industrial Relations Department when the time comes. There is still some time to go from now to September.
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18/06/2008 17:58:53
Dear Sir,

Didn't that the Employment Act has been revised and for employees with salary < RM5000, they can seek through the help from Labour Department??

Is there any other labour law else that protecting the employee with > RM1500?? Especially on the annual leave matters.

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KL Siew
18/06/2008 18:22:54
That's not quite accurate. The RM5000 thing only comes under Section 69B whereby employees who earn less than 5K can make claim at the Labour Department if the employer breaches terms and condition of service. For example, if your salary is below 5K, you may make a claims there if your employer fail to pay your salary as mentioned by you. Anyway, feel free to contact the Labour Department if your salary is below 5K for matters your think not done according to your contract of service.

So, the rest of the EA like holidays, leave, sick leave etc etc are not applicable to non manual employees with salary over 5K
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