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03/08/2010 13:03:24
Re: Employer Dispute

My friend was introduced to her company by a recruitment agent. Her salary is RM10k. My friend was under probation when she told off his immediate superior for being touchy. The superior used to be "beat" her with his hands and publicly humiliated my friend in front of all the staff. My friend's working relationship with the other bosses were better than with her immediate superior, and the whole company know about her immediate superior. Since then the relationship soured. The superior made life difficult for her. Finally my friend decided to resign during the probation notice. She is required to serve 14 days notice as per her letter of offer. On the day she handed her letter, her superior said my friend had falsified her last drawn salary. The superior told my friend she can leave the company immediately and need not serve the notice.

My friend has not received her salary for that particular period of service. The recruitment company wants to claim the loss of commission from my friend. The recruitment company also threaten legal suit against my friend for the falsification of her last drawn salary. There was no contract signed between my friend and the recruitment company.

Please advise what can my friend do.

1) Is my friend entitled to the salary for that period of service?

2) Can the company deduct the "notice period" from her last salary even though the superior has said no need to serve notice?

3) Is my friend liable to compensate the recruitment company for the loss in commission, though no contract was signed? I have checked with some recruitment agencies and the answer is NO.

4) The recruitment agent has been calling my friend constantly about it. Is there a way to stop it other than to report to the police?

5) For falsification of last drawn salary, is there any liability to my friend?

6) Can my friend seek recourse against the company?

Thanks for your assistance.
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KL Siew
03/08/2010 14:58:24
1. The company should pay her since they asked her leave early without having to serving out the notice period.
2. I don't think so.
3. Can't comment on this issue. Tell your friend to consult a lawyer.
4. Get advice from a lawyer first.
5. Meanwhile, she can pay a visit to the Industrial Relations Department and get some understanding of her case.
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03/08/2010 16:19:45
Thanks for the prompt reply. Really helpful.
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