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Meizi_
24/04/2021 11:43:41
Re: Salary and Termination issue

Working in sales. Contract stated monthly basic salary.

Payslip stated basic salary and referral fees (as commissions).
But account summary shows [basic salary + commissions paid out - commissions earned], which is negative amount.

If calculated in basic salary + commissions, should be company owing the staff commissions.

Company assumes basic salary as salary advance, but unpaid leave will be deducted from basic salary itself. And company pays EPF based on basic salary every month.

Resigned in August 2020, company agreed and let staff go. After 1 month, threatened and forced the staff to come back to serve 6 months notice due to "owing company money".

After 7 months, in Apr 2021, submitted resignation again but company refuse to let staff go and force staff to choose:
Option 1: continue working until cover the "money owe to company";
Option 2: leave company and borrow "personal loan" from company to repay in future.

What can the staff do? Is the company reasonable in this case?
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klsiew
24/04/2021 13:11:35
How did it happen for the staff to owe the company so much money? How much is the debt and how many more months for the debts to be cleared?
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Meizi_
24/04/2021 13:41:11
Because the company keeps treating the basic salary as salary advance, even though both contract and payslip stated "basic salary".

As long as the staff is with company, means keeps receiving the basic salary every month, which then accumulated become the "money owe to company".
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Meizi_
24/04/2021 13:45:36
The "debt" now is 30k-40k, according to company's account calculation. And there is no end of when to repay, which means the staff need to continue working till no specific date.
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klsiew
24/04/2021 16:38:59
I don't think I understand. Anyway, why can't you just leave the company instead of accumulating more "debts" the longer you continue to work there?
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Meizi_
24/04/2021 16:43:23
If the staff fulfilled the notice period, is it ok that just left the company without the acknowledgement of the company?
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klsiew
24/04/2021 16:50:56
Yes, you can give the necessary notice and leave at the end of the notice period. If you have debts with the company, let them sue you in court. However, I don't know really know your actual situation or problems with the company, I think you better consult a lawyer before you do anything.
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Meizi_
24/04/2021 17:42:52
Okay. Thanks for your useful advice and will seek a proper consultation first. Appreciate all your replies!
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klsiew
24/04/2021 17:51:31
Good luck then. Give some feedback of the out come if you don't mind.
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