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ls
14/06/2010 15:31:47
Re: Late salary payment, outstanding EPF and income tax, staff claims payment

Hi, Mr. Siew, I am a manager with salary ~RM4k (I have just tendered my resignation and will serve another ~2mths before my last day in July 2010.
My boss has accepted my resignation, but it seems that my office might shut down (no idea how soon, maybe before/ after my last day).
What will happen to me if the company really closes down? Can I get back whatever the company owes me?
How to safeguard myself and to ensure the employer pay my salary, claims, EPF and Income Tax that owe me? What should I do? Please advise urgently.
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ls
14/06/2010 15:37:12
We have yet to pay our Apr and May 2010 salary. They still owe us 6-mth claims and we also found out that they do not pay for our EPF and income tax maybe starting about half year ago. Whenever we ask, they always said ‘no money’ or ‘wait for money’.
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ls
15/06/2010 12:17:36
Since I have tendered my resignation, I wonder whether should continue to wait reply from my boss (really hope he can do something, instead of we bring up to the authorities) or to repor to Labour Office directly?
Some of my colleagues reported to Labour Office much earlier, but it seems nothing happen as they still did not get their pay.
Will my salary payment be dragged further if I lodge a report to Labour Office?
Is it true that Labour Office will just look into the case of the particular person who complaint and will not look into the salary payment for other staffs in that company who are also the victim? Those did not complain will not get the pay?
Kindly advise. Thanks.
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KL Siew
15/06/2010 14:44:05
Anyway, better complain to the Labour Office first. We don't know the reasons for closing down. Is the company under receivership? It may take a long time for you to get your money if you can get it at all when the company is closing down because of financial difficulties. Do something instead of waiting.
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ls
15/06/2010 15:02:37
Company not doing well and the mgmt is requesting fund/ loan from gov to turn around. The company has huge financial issues. We should complain to Labour Office (Suabng Jaya) or Industrial Relations Dept (Putrajaya) ? Is there any different for those who have tendered resignation and those have yet in this case?

Meaning that the company really closes down, the employee will not get a single cent and the Labour Law doesn't protect the workers in such case? If the company close down, the directors will be blacklisted and declare bankrupt right?

Thanks, Mr. Siew.
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KL Siew
15/06/2010 15:11:51
All of us may not know what is actually going on in the company. That's their problems. Your problem is more about whether you can get your money. Consult those departments. It does not matter whether it is the Labour Department or the IRD, consult both if necessary. Seek their help and you may get a picture of your prospects of getting your money.
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ls
15/06/2010 15:17:15
Okay, thanks for the info.
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