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09/03/2009 16:45:15
Re: Unpaid Salary & milleage claim

I need your help to advise me with your professional opinion. It was actually happened to my husband. The company had not pay the Feb'09 salary & mileage claims (expend for the company) for the month of Jan 09 & Feb 09. The Feb'09 salary should be paid on the first day of the month, but today is already 9th Mar (delay 9 days), the reason of the employer is no enough cash in the bank to paid out those the highly salary.

Pease advise whether labour law can be allow the employer to delay or onhold the employee's salary.
What should we do? seek help from labour law office ?
Other than Salary, the EPF, SOCSO, PCB are delay as at today.
Please advise.....

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KL Siew
09/03/2009 17:21:50
Under the Employment Act, payment of salary should be later than the 7th of the following month.

The Labour Office may not be of much help for those not covered by the Employment Act (This Act covered employees with salary not over RM1500). I can't think of a faster way than to wait for a few more days for the payment.
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09/03/2009 18:00:57
So,what about for the salary over RM1500 ?
If the company do not pay, what should we do?
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KL Siew
09/03/2009 19:40:26
If his salary is still below RM5000, he may make a claim at the Labour Office. Under Section 69B of the EA, the Labour Office stilll have to power to deal with his claim:

" 69B. Additional powers of Director-General to inquire into complaints.

(1) Notwithstanding the provision of this Act, the powers of the Director-General under section 69(1)(a) shall extend to employees whose wages per month exceed 1,500.00 ringgit but does not exceed 5000.00 ringgit......"

Otherwise, he may have to sue for it in the civil court.

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14/03/2009 16:47:21
Hi KL,
Thanks for your advise, I have same question as below,
If the employer won't attend to the court, in this situation how to decide by labour law department?
Is possibility to get back the salary?
Is the employer need to pay the penalty?

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