here is my situation... my co haven paid las mth salary... this month oso i think will follow suit... wanna quit but tied to a long notice period... 3 months... but i still under probation... how?

have you asked the company why your salary not being paid yet? are you monthly paid staff?

3 months notice period for a probation staff is long! how long is your probation anyway?

NO money than leave. U dun have to give them notice.

lastest salary payment must be met before 7th of each month (including banking)


report to the jabatan buruh asap if you already behind payments for months

remember ... even if you report ... there's chances that you wont even get the payment ..... some companies plan to close down ... and lari the money, and avoid paying ... becareful not to get trapped in this situation



even probation period must be paid .... even though there's no letter, the buruh dept still able to trace

This post has been edited by Serpentarius: Jun 22 2009, 04:13 PM

monthly paid staff... probation is 3 to 6 months... well... any advise for me?

ask your boss or HR department before filing a report.

if the co still operating le? do i still get my payment? til the last day i work?

Erm, check your offer letter, normally on probation period the notice shouldn't be that long.

3 months notice for probation??? sooo long... even for after confirmation...

if i were u..i ask 1 time politely..if they say no pay..i just ciao..after all..probation only ma.. dun get urself stuck in there for too long..or ull get too deep to cabut.. hahah..

any other advice? should i consult labour office?

1. ask ur hr..
2. then consult the labour office.
3. leave.

if you are still under probation, theres no need to give notice period because you are not a confirmed permanent staff. Get last month salary and inform you will be leaving. Then, just leave.

if they still hold your salary then report to jabatan buruh. Clean and easy.

i doubt i will get last month salary... this month also... very rugi le... 2 months salary there...

ts, why are you not telling WHY ur salary been withheld,
nor are u telling any info on ur efforts to ask the management about ur salary.

if that is the case u duwan disclose any info, then please, go labour dept and complain.

the co does not have anymore cashflow... always remind him to pay... and he finally agreed to pay out from his pockets... but keep delay... then when got the cheque... bank in... kena returned pula... then ask again... he said will bank transfer... check account again... still tak ada... felt like the co cant sustain any longer...

i am not sure of your current commitments but if my comp unable to pay me salary, chances are they wont be able to in future as well (consistency)

so i'd leave the job and file a complaint to labour dept. no one works for free.

If you are still under probation, usually you are not tied to the 3 months notice period, cos you are not confirmed employees yet. Make sure get back all your money, throw letter and 24 hours notice.

Just afraid i loose my last month... and this month salary... what more... if i serve another 3 months... 5 months salary le... my claims also have'nt reimbursed yet...

This post has been edited by online_vincent: Jun 23 2009, 11:07 AM

then stay for another month and lose ALL THREE when they dont pay you.

how long u gonna continue work for free?

not only salary also dont have, donno whether they even paid ur EPF or not all this while...

*just a thought*

you are right... epf not paid since last year also...

Omg thats more serious than i thght.

Check this out.... i will look for the supporting act.

You might want to consider lodging a police report than (again my thought)

8. EPF

8.4 When Should Employer Pay Contribution to EPF

An employer shall before the end of the first week in the first month in which he is paying required paying contribution to the Employees Provident Fund.
An employer shall prepare and furnish a statement of wages to each employee.
An employer who fails to make contributions to EPF shall be guilty of an offense and shall be liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding RM10,000 or to both.

Anyone happens to be a lawyer/labour office worker here? Can share your thoughts?

your Salary and EPF are both dues not paid you, what on earth are you waiting for?

Quick run to the labor office before your company ta pau.

the company claims they still have some reserves... but I think excuses only... if got also pay salary already...

This post has been edited by online_vincent: Jun 23 2009, 11:52 AM

2 mths salary didnt get (from what u say i assume)

last year meaning from Dec 08? or Jan 08????!

I don't think their situation is going to get better, you might want to seek advise from Labour dept and ask Labour dept to approach your employer...

by the way dont tender your resignation YET, you have a better chance of a claim.

I joined this company for 2 months only... i found out my epf not paid... the rest of the colleague said since last year already stop paying EPF... will seek advice from labour office soon...

Eh can they stop paying EPF?

3month notice period for probation is ridiculous!!! Normaly for probation should only be around 1weeks and confirm staff 1month.

Talk to your HR immediately and ask in a proper maner for your pay.. if the refuse go seek labour office for helps.. like other advise dun wait even another day or you will just get deeper & deeper ! dun waste your time in such lousy company

The company directors can go to jail if they did not pay EPF.

I have the experience on this case, boss not pay me for 3 months, that time I am still freshgrad and trying to get a new job but cant even get a new job and thats why i continue working without paid. Not just the salary they dint paid, EPF oso they dint submit to KWSP for 1 year.

Even though you report to KWSP or labour dept, they cannot do anything oso, they will just keep a record for you....thats all they can do for you. You have the rights to do a report. Dont think that you can get back your hard earn money.

So, for my advice is FASTER RUN from this unpaid company. As fast as you run as less as you loss. You no need to give notice, you can deduct from your pending pay.

Weird... why does the company hire new people when they can't afford to pay salaries?

they will paid but late
my fren also got 2 month due salary
then he said he cant go work no money
have to stay at home
after few days get the salary
something like that
maybe u also can try
who knows

I am sorry to hear that... well... history repeats again... just don't understand why employers are like that... taking advantage on employees over this economy slowdown? sad case...

If just keep a record then habis loh... can kiss goodbye my salary... claims... but can i just avoid that?

---

Added on June 24, 2009, 5:20 pmI will try to be professional... will continue working... hoping i can get something out of it... but some say RUN!!!! i really had no idea... need more advice...

This post has been edited by online_vincent: Jun 24 2009, 05:20 PM

Non-payment of salary is constructive dismissal. Consider yourself dismissed. Forget the labour office. Send them a letter of demand.

For EPF, report it. Part of your remedy is that EPF will reimburse you itself while they claim against the company, together with other civil fines. There may not be any action for some time, but it is better than not reporting.

i thought even most co probation staff need to give 1 week notice?

run u ll get nothing rite
try to talk with ur boss
nowdays many company like that,
at the earlier promise good things

Yes, some even require 24 hours only and the longest was 2 weeks notice...

the company is in a mess, just run away if you got a job ...

they no time to sue you or what ...

Just report for work. In the meantime, you must make a formal compliant to the labor office and start finding another job. Current company is in deep shit, just don't get trap with it.

Do yu need my help? A couple of RMs will do. Maybe I can ask someone from the authoritative institution to get it "settle" for yu.

I cannot guarantee the outcome but there's a possibility.

Regards, Joey

This post has been edited by Joey Christensen: Jun 29 2009, 10:25 AM

how about ur salary ?
still didnt get paid ?

What kind of service? How much?

---

Added on July 11, 2009, 12:19 amSalary until now not paid, claims not paid, bonus/incentive/commission promised also not paid. Not a single cent yet

This post has been edited by online_vincent: Jul 11 2009, 12:19 AM

Let's just say a gentleman's offering. RM50 to RM100.

Service rendered can be called coercion by an authoritative figure.

Regards, Joey

Guarantee get paid or not first? If can, i don't mind paying that amount.

!REPORTED. no backdoor deals here. liao.

come on man
he just kidding dun be so serious

I iz rike your professionalism. Anyway, to set things straight, there's a way to get things settled other than the conventional method. What I'm recommending to Thread Starter was, I'm pulling someone from sub-Jabatan Sumber Manusia M'sia.

"ahjames", we need to talk.

Regards, Joey

normal laaa...my previous company last time on 25th only got salary ooooo.....

summore epf deduct from my salary, but never put into my epf account

finally fedup, report to epf office, then they start to pay slowly...until today..still owe me 1 year epf payment...

happened to all staff oooo, not only me....

----current situation (im no longer working there) . salary pay half month only.....the other half next month, ot is a must, but during payday, ot pay delayed....

Sila lapor sebarang isu-isu yang berkaitan dengan EPF:
KWSP-CMC di talian 03-8922 6000.

Untuk sebarang kemusykilan, aduan perburuhan yang berkaitan dengan HRM:
Jabatan Tenaga Kerja di talian 603-8888 9111.

Harap maklum.

Regards, Joey

This post has been edited by Joey Christensen: Jul 20 2009, 10:07 AM

U must go and ask them why they haven't pay your salary?They are supposed to pay before 7th of each month under labour law.Ask them to give you an explanation.

Yu don't ask. Yu demand for it.

If there's no substance that can justify the reason behind the with-holding, please report them to the Labour Office.

Regards, Joey

Dear Vincent,

As a standard practice, you need to observe the following:

1. You are not a confirmed staff as you have indicated you are under probation. The standard termination notice for either party in this case is usually 24 hours. You are under no obligation of law to stay.

2. Even if the supposed notice period is 3 months, they have no power to enforce this in any way even if you have signed the contract IF you have yet to receive the letter indicating a full confirmation to position. Individuals undergoing formal probation will often receive two different sets of confirmation letters. One indicating that you are accepted for work at XYZ company and the second one indicating that you have been accepted for a full functionary role in the company. They sound almost the same but are quite different.

3. Companies are under obligation to pay due salary for no longer than 60 days (some are longer depending on company policy) than the expected date of issuance. Any longer than this and you will be no longer bound to contractual terms even if you are indeed a fully signed up, permanent staff. What's the worst they will do to you at this stage? Fire you without pay?

4. To be fair, delay of payment for one month is fairly common these days for struggling SMEs. Rollovers in pay usually happen not only once, but possibly several times during a staff's term of service with the company. Just ask yourself if this is the kind of company culture that you see yourself living with for the next 3 to 5 years, much less 8 to 10.