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Vivacious
23/05/2011 16:44:40
Re: Labour Act?

Hi, understand that EA 1955 is not cover the employee who is earning more than RM1500. For those who earn more than RM1500, what act should we refer (except IR act)? Or put into another word, shall the company practices overwrite any act if salary more than RM1500?

Kindly advise. Thanks
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HR
23/05/2011 16:56:18
Actually EA also cover employee that earning more than RM 1500 if he/she is a manual worker.

Whoever that not cover with EA, salary low than RM 1500 or above but not a manual worker then he need refer to his/her offer letter/employment letter.

As for your info, in EA, all the benefit is the MINIMUM requirement. So i don't think there is an offer letter stated lower benefit than in EA. If there is, you just don't sign it and find another job.
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Vivacious
23/05/2011 17:04:10
Thank you for your information. Why I'm asking this is because the below case.

One of my employee tender her resignation on 1 May 2011, by serving 1 mth notice, last day is 31 May 2011. However she has 5 days leave to offset, but the employer only pay her up to 25 May instead of 31 May because they said the company practice overwrite the EA. In addition, the company claimed that if employees offset their leave against notice period, they do not need to pay for the leave as the employee utilized her annual leave to cut short her notice period and if company is paying up to 31 May, which mean is double dipping.

Is their practice correct?

Appreciate your advice. Thanks

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HR
23/05/2011 18:07:33
Your company is doing in the wrong way. AL is a "PAID" leave. By utilized the leave mean he/she using the AL to offset it, he/she still entitled salary.

If they say AL use to offset is an unpaid leave, then ask them what is the definition of "AL". =.="
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Vivacious
24/05/2011 11:38:07
Yes, I agreed that my company is doing the wrong practice.

Another case they are practicing is:

if the employee tender her resignation on 1 May by serving 1 month notice, but the company would like to early release the employee (let say the company want her/him to work until 15 May). If so, the Company still need to pay the employee up to 31 May, rite? What if the company only insist to pay the employee up to 15 May? Can the employee lodge a report with IRD? The contract (under the termination clause only stated a very general statement which is "your employment may be terminated by either party giving to the other not less than one (1) month’s notice in writing or one (1) month’s salary in lieu of notice."

Kindly advise. Thanks

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HR
24/05/2011 14:59:23
Since it got write "one (1) month’s salary in lieu of notice" mean the company need to pay 1 month salary even the company release her/him early.

If they not paid the employee, bring the last pay slip, resignation letter (you and your employer 1) and the offer letter to lodge a report.
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mimi
joanntong@ymail.com
25/05/2011 16:24:12
if one employee is being fired on 24/05/2011 by voiced .....without any reason ...the company need this employee work till 31/05/2011 , how much the company shud pay to tis employee? This employee has work 14 mths in this company...got any pampasan for employee working more than 1year ....

The contract (under the termination clause only stated a very general statement which is "your employment may be terminated by either party giving to the other one (1) month’s notice in writing or pay in lieu without any reason being assigned for the termination."
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