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08/11/2011 23:59:50
Re: Salary Deduction upon Confirmation

Dear Mr. Siew,

I would like to seek for your advise, I've completed my probation for 3 months and my salary stated in offer letter is over RM5k. However, after the completion of probation period, my company would like to confirm me with deducted salary.

Some reasons given as follows:
1. Performance is not up to satisfactory but there is no written/oral warning received throughout the 3 months and I completed every single tasks they assigned to me.
2. I've been wrongly paid for my job responsibilities which I shouldn't have paid that much.

I felt shocked and cheated. I haven't accept/agree that confirmation yet.

But, what can I tell to my boss to convince her not to deduct my salary? If they insists the deduction, what can I do?

It seems I'm not protected by the law as in the Industrial Relations Act 1967, it didn't mention about Salary Deduction like Employment Act.

I don't really want to break the relationship between my boss because I bonded to the company as they paid the indemnity on behalf of me to my previous company for the notice period. If I resigned due to this salary deduction issue, I have to pay back the indemnity to them.

Hope to hear from you soon and I really thankful for any of your replies.

P/S: My job is IT Programmer and salary over RM5k thus I guess I'm not eligible under Employment Act 1955.
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KL Siew
09/11/2011 09:06:59
Confirmed with reduced salary? That's sounds ridiculous, isn't it. Tell them put everything in writing about what they intend to do including the salary reduction before you decide what to do with it.
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09/11/2011 14:43:18
Dear Mr Siew,

Yes, it sounds ridiculous to me thus I couldn't answer my boss regarding the confirmation. I'm awaiting for the official written letter regarding this. But I heard they might changing to Demotion.

May I know what is considered as a lawful demotion? A company can simply demote me upon confirmation in order to reduce my salary?

Many thanks for your replies again.
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KL Siew
09/11/2011 17:56:07
Since you are not covered by the Employment Act, I think the Labour Office may not be able to look into the matter for you. Go to the Industrial Relations Department and discuss the issue with the officer there and get some official advice.
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