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Strong Willed
25/02/2011 16:25:38
Re: Employer holding back salary caused by dispute in terms of employment

Hi Mr. Siew,

I've asked the question before about changing of notice period (terms of employment) via email and you have suggested that I seek Labour Dept's advice. I did and Labour Dept says that changing of notice period must be agreed and signed by the employee so my notice period is supposed to be 2 months instead of 3 as per the signed employment letter.

I have then told this to my HR but they still want me to pay the additional one month for short notice and said that Labour Dept don't cover salaries above RM1500 and that Labour Dept is mistaken.

Today, HR came up with another plan which they say will ease my burden - they asked me to agree with paying me my salary up to March 15th (my last day with 2 months notice period less annual leaves), they will pay me my annual leaves and asked me to get payment from my new emplyer for short notice from 15th Mar to 24th April (supposedly last day if I needed to serve 3 months instead of 2). I refused this offer of course as this is even more payment than the 1 month short notice and now they're holding my salary (Feb onwards).

I called Labour Dept but I can't file any report as my salary is above RM1500, I called Industrial Relations but they said they only do cases of Unfair Dismissals. What do I do now?
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KL Siew
26/02/2011 09:25:30
Don't waste too much time on it. Work something out with your HR. I suppose you don't want to spend more money to get a lawyer to fight a court case with them.
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