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19/02/2009 19:55:53
Re: Unpaid Salary, EPF & SOCSO Contribution

I am one of the directors of the company which holds a very small amount of share & was appointed a position in the company to manage it. An Employment Letter was issued to me.
The company has not paid me my salary for 7 months including contributing to my EPF & Socso. The company directors had also made deductions to my EPF contribution but not contributing to EPF.

I wish to enquire if i can take up a case to get my salary as well as my EPF back.

The company had also not contributed to the staff''s EPF & SOCSO.
Will i be punished as well under the law if i am also one of the victim?
I am wanting out from this business as my partners are not ethical.

The Directors are foreigners & not Msians.
If they decide to close the company & not hold responsibility for their debts, can they go scott free or can the government take any action against errant employers like them?
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KL Siew
19/02/2009 20:15:59
For EPF and SOCSO matters, you will have to bring them up with EPF and SOCSO. For you salary, you may consult the Labour Department if your salary is less than RM5000 per month. Otherwise, you may have to sue for it in civil court.
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20/02/2009 11:41:15
Hi KL Siew,

Many thanks for your kind response.

I wish to enquire another issue.
Actually i am also one of the Directors of the company but holding the least shares.
In this scenario, i was given a Letter of Employment by the biggest share holder which also means the company had hired me for a position.
Can i in this status get my salary back?

Also as the other directors are foreigners, can they just close the company & not pay me my salary?
As i also have shares in the company, will i be penalised as well for Non-Contribution of EPF & SOCSO for the staff as i am also one of the victims of not beng paid?

Thanks again in Advance!
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KL Siew
20/02/2009 13:58:15
Your company must be a Sdn Bhd, right? If so, your employer is that XXX Sdn Bhd. If that Sdn Bhd is just a shell company and has no asset and is worthless, I don't know how you are going to get back your salary. As for the failure to remit EPF and SOCSO contributions for the employees and about the question whether you will be held responsible since you are also one of the directors, you better seek the advise of a lawyer. A lawyer will be more competent to answer your questions.
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