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29/06/2011 12:07:37
Re: Problematic Employer

I worked in a recruitment firm since last Oct. There have been problems where i see ex colleagues coming to the office chasing after salary and EPF contribution after resignation. At that time I wasn't that concern because my boss never drag our monthly salary, so I told him that I am going to apply for car loan later this year, as long as the contribution is up to date by then I won't really mind.

I told him few months back that I need my EPF statement up-to-date to apply for a study grant however he failed to do so even after i bug him and chase after it everyday. He lied to me, saying that he has already made the contribution, just that EPF office is late and it was not reflected my my statement. I called EPF office to ask, but found out that it was all lies. In the end my study grant was not approved. And I am furious and ready to leave.

1. His last contribution to my EPF was Feb2011. I can go to EPF office to file a complain right? Or should I go to Labour Office instead?

2. This happened to my ex colleague, my boss owed her EPF for 6 months, then he told her that there is a new law in EPF, that he have to deduct our share of contribution from our Basic + Commission, so he calculated m colleague's commission for the previous 6 months and say that she have to pay the company RM2k plus, (for 11% of her commission that has been paid to her over the 6 months) then only the company can go to make contribution. Is this true?? that for we sales people thats entitled to commission, EPF will be based on basic+commission and not just basic alone? when did this rule being implemented? and because the company didn't know about this we have to pay them back???

3. I have to serve 1 month notice if I tender my resignation. If I want to shorten my notice period, but I do not have AL to offset, can the company ask me to pay back the amount of days less than 30 days?

4. I am planning to tender my resignation on 1st July. I am entitled to commission for July and August as well. So If I resign, do I still have the right to collect my commission? Those are all my effort, and study grant not being approved I really count on those commission to support my studies. Are there any laws saying that I cannot get my commission if i leave? Are there any laws to protect employees' commission? Who and where should i go to to file complain or lawsuit or anything, if my boss don't pay?

Please advice.. Thank you very much.
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KL Siew
29/06/2011 19:03:07
1. About EPF, you have to go to the EPF office and make a complaint.
2. Do as 1 above.
3. Yes, you have to pay indemnity in lieu of the number of days of short notice.
4. Not sure about your commission. Some employers only pay commission on successful collection of debts from customers. Ask you boss about it. If you ever want to complain, you can go to the local Labour Office and ask for advice.
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