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Bill G
27/07/2009 09:40:32
Re: Various questions

Dear Sir,

Kindly help me with the few questions below as I desperately need your legal advice:

1) I have not received any confirmation letter after almost two years of service in my current company. When I requested for it, I was told that I was automatically confirmed under labour law after six months of employment, is this true? All my other colleagues have not received any confirmation letter either.

2) Recently my company asked me to go on a seven days unpaid leave, reason being that they wanted to investigate a case of abnormal pricing issue. Can they do that? I thought we should be paid during investigation as we are innocent until proven guilty?

3) The case was actually based on the fact that my employer had received a couple of lower priced quotations compared to the current pricing we are using. I had no idea of such quotations and I had not made any decisions or actions to stop my staff of using lower priced services. My employer simply accused me of accepting bribes and after investigation, they could not provide any evidence as well. Now they are just boycotting me and letting me do nothing daily. Is this legal?

4) I need my pay and the unpaid leave will affect my monthly liabilities. Can I ask back the pay for the unpaid leave as they have nothing against me? FYI, I'm totally innocent and my employer is simply trying to get rid of me after I had secured a few big deals with MNCs for the company. What kind of protection can the Labour Law of Malaysia provide me?

Your prompt reply will be greatly appreciated.

Bill G
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KL Siew
27/07/2009 11:10:01
1. If the employer said so, so be it.
2. They may be suspending you for a domestic inquiry. They can do that.
3. If after the inquiry and found you not guilty, they should pay you back your salary for the one week.
4. You can complain to the Labour Department if they fail to restore your salary after the inquiry where you were found not guilty.
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