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Vivian Adelene Adram
16/02/2009 14:36:44
Re: Pay cut, EPF, claims & commissions

I am an employee of 1 year plus at my current place. Early this year, in January 09, my bosses called me in and decided that, I was not performing well, not meeting my sales targets and therefore, would cut my pay by RM1300 for end of January and by RM1800 for end of February 09. Can they do this? It only says that, they can terminate my employment in 24hrs should they feel unhappy with my performance.

I also found out that, they have not been paying my EPF, but have deducted my employee contribution on a monthly basis. Their excuse, they forgot and will get to it. It's been 4 months since I've notified them, and I constantly remind them monthly.

Lastly, I put in my 1 weeks notice of resignation, tho it should be 24 hrs according to my employment contract, on the same day, I submitted my claims and commissions. Now, its my last day, I have no epf yet, and they are telling me that they need to 'talk' to me about the payments they owe me, as they want to talk about my 'tax' - which I usually pay on my own and the company laptop they got me during my tenure here. I did not sign any document in relations with the company laptop and there are still 6 more monthly payments due to be made for that machine.

What should I do? Can they not pay me for my claims and commissions, with the excuse that they are deducting for the company laptop? I do not have the receipt anymore, as I had to submit it to them when I put out my claims. Can I refuse this and opt for my full payment instead of the laptop? Are they allowed to simply cut my pay due to my lack of performance, as this is not mentioned in my contract?

What can I do? Do I have any rights at all in this matter? Please help. Thank you.
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KL Siew
16/02/2009 16:18:40
As you are not covered by the Employment Act as your salary is over RM1500 per month, your problems may not be able to be settled at the Labour Department level.

For none payment of EPF, you may complain to the EPF.

Your problems are quite messy. Since you boss would like to talk with you, I suggest both of you settle the matters at the company level and reach some amicable settlement. Otherwise you may have to consult a lawyer see whether the case should go to court.
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