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lim
lim@lspcmjb.com.my
17/10/2013 13:42:26
Re: Penalty

Mr. Siew,

Can employer charge any replacement cost / lost (full or partial) on any of the employee due to the employee's neglegence.

If yes, what is the employee's right (covered under EA or not covered under EA)?

Or can employer charge monetory penalty on the employee for the fault done?

Can employer charge monetory penalty on the employee for not comply to company's rules and regulations?

Pls adv.

Thank you.
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KL Siew
klsiew.my@gmail.com
17/10/2013 15:10:06
For those covered under the Employment Act, such deductions might go against Section 24 of the Act. However, if the employer wants enforce penalty, I think a domestic inquiry should be held first to determine if there was misconduct in causing the loses. I think the employer cannot arbitrarily mete out penalty.
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lim
lim@lspcmjb.com.my
18/10/2013 15:41:49
Mr. Siew,

What if employer charge monetory penalty on the employee for not comply to company's rules and regulations? For instant, company enforcing safety & health regulations for the sake of employees' safety. Eg. if caught not wearing safety helmet, penalty RM30.00?

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KL Siew
18/10/2013 17:24:39
It may be OK if the payment of the penalty is not reflected as deduction in the payroll e.g. pay from his own pocket.
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