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Wong
14/03/2013 20:28:29
Re: retrenchment/termination/lay-off benefits

I earned monthly pay above RM2000 which i just found out are not protected under the Employment Act. In that case, can I know is there any law that protects workers with pay above RM2000 and am I still entitle for the above benefits. If yes, where can i check it out.
Your help is greatly appreciated.
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KL Siew
klsiew.my@gmail.com
15/03/2013 07:13:49
No, there is no other laws providing such benefits. If the employer wants to lay off an employee, he should provide some termination benefit. If he is not do that, the employee can seek redress at the Industrial Relations Department.
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Wong
15/03/2013 09:54:21
Thank you Mr. Siew for your prompt reply. I need more info on this:-

I worked in this co for 25 years. My boss wants to pay me retrenchment but when he check out with Labour Office they told him he need not pay me as I'm not protected under EA (pay above RM2K). My dilemma now is:-

1) I'm still entitle to my retrenchment benefit ? If yes, what is my due ?
2) If he pays, how do I calculate ?
3) If he don't pay, I have to check with Industrial Relations Department?
4) Do you by any change have the contact no/address of the IR department?

Your help is greatly appreciated.
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KL Siew
15/03/2013 13:55:50
If your boss wants to pay me retrenchment but does not know how much to pay, then there it is not much a problem. Although you are not covered by the Act, you still can use the Employment(Termination and Layoff Benefits)Regulations as a guide for payment. Under the Regulations, you should get 20 days salary for every year of service. (salaryx12)/365 x 20 x 25
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