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29/04/2011 12:12:48
Re: seeking advice

i've been working in this company almost 3 years. my position could be said as branch manager cum shop assistant as most of the time i'm working alone in the shop with the the salary of rm1700 (from 9.30am-8.45pm) without any overtime payment nor public holiday (extra payment) if working.. i do invest 10% share but i do not have black & white. in this 3 years of my investment i did not receive any profit payment as my employer said there didn't have any profit earn as i can see too the profit is low too as bisnes is not good.

my employer do mentiion wanna closed the shop since last year but the bisnes is still resume till today. i've been working all day alone more than 6 mth. and now my employer call me to stop my job and he said if now i willing to stop my job he will return me 100% of my investment share. he will call the other staff replace my positon as the staff salary is lower than mine. the bisnes will resume as usual for few more mth but there is no specific date when the shop is totally closed.

the advice i wanna seek is:

1) i do ask my employer before isn't there should have any compensation if the shop is closed (as he do have few more branches and he don't need any staff at the moment as all position is full)
- he said if the shop is closed he have the right to terminate the staff without any compensation as the shop is closed now. is it what he said is true?

2) and now he call me to stop and find other staff to replace my position without any compensation except returning my investment share. i do wanna know what could i do if i wanna take back my investment money back and how much is the actual amount of compensation if the employer terminated a staff of 3 years.

pls advice...thank you!!
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KL Siew
29/04/2011 14:47:54
Looks like quite a tricky situation. I am not sure whether you are actually an employer (being a partner) or an employee. Do provide some info as follows:

1. There must be a business registration. Who are those registered under it? Sole proprietor or partnership and who are the partners.
2. Any contribution to EPF and SOCSO for you during the period of 3 years?
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