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 Late Salary, Is there a labour law?

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TSjehutyz
post May 15 2006, 02:49 PM, updated 20y ago

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I heard that there is a labour law that the employer must pay your salary before 7th of every month. Is this true? My this month salary also not yet bank in. Is already half of the month. Hate this company. All my pending claim also not yet settle.

Anyone can help.
Mavik
post May 15 2006, 02:50 PM

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I believe when it comes to payment of salary, most companies may pay it on the last working day of the month or some even in the middle of the month. Each company differs. Best is to ask your HR department or ask your finance department in regards to payment and claims.

I don't believe there is a rule that states the money must be paid by the 7th of every month.

You can check out our labour laws here.
http://www.lawnet.com.my/lawnet/legalinfo....3d?OpenDocument

Edit: Included in the link

This post has been edited by Mavik: May 15 2006, 02:52 PM
TSjehutyz
post May 15 2006, 02:54 PM

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Coz i heard from my cousin and even my aunt told me that there is a labour law that salary must be paid by 7th of every month. My salary usually will be around early of the month. When asked they said will bank in this few days but end up not yet. Last 2 week said last week will bank in but don't have also.
Mavik
post May 15 2006, 02:56 PM

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I don't believe there is, I tried looking up for it but I can't find any details regarding it.

Has your company not paid your salary at all for last month or are you concerned regarding your pay for May?
young_soul
post May 15 2006, 03:00 PM

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what company are you working in? Last time my part time job...I never receive pay for 2 months. And not only once...MANY times. But I let go la...part time onli
TSjehutyz
post May 15 2006, 03:00 PM

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Only this month have this problem.
Basically i can tell u, my EPF and SOSCO they also didn't bank in for me. Based on the slip they stated got deduct but i do check for with KWSP my account is not open yet. As i know no matter who open the EPF account for you, i have to thumbprint for it. And i didn't do this before.
TSjehutyz
post May 15 2006, 03:01 PM

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QUOTE(young_soul @ May 15 2006, 03:00 PM)
what company are you working in? Last time my part time job...I never receive pay for 2 months. And not only once...MANY times. But I let go la...part time onli
*
U let it go.....
Is your hard earn money wor....
Chartry
post May 15 2006, 03:17 PM

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QUOTE(jehutyz @ May 15 2006, 03:00 PM)
Only this month have this problem.
Basically i can tell u, my EPF and SOSCO they also didn't bank in for me. Based on the slip they stated got deduct but i do check for with KWSP my account is not open yet. As i know no matter who open the EPF account for you, i have to thumbprint for it. And i didn't do this before.
*
this is serious. go report
young_soul
post May 15 2006, 03:20 PM

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QUOTE(jehutyz @ May 15 2006, 03:01 PM)
U let it go.....
Is your hard earn money wor....
*
lol...not completely let it go ler. Eventually collected when I was free. I had a own copy of when I came for work wink.gif
goliath
post May 15 2006, 03:21 PM

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mind telling me where do you check the EPF and SOCSO payment?
Mavik
post May 15 2006, 03:24 PM

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You can go straight to the EPF department or you can call them up at 03-87326000 or check out this link.

http://www.kwsp.gov.my/index.php?ch=191

This is their email enquiry box:
enquiry@epf.gov.my

This post has been edited by Mavik: May 15 2006, 03:24 PM
Ido
post May 15 2006, 03:28 PM

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I suggest you resign and find others.
TSjehutyz
post May 15 2006, 03:36 PM

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I can tell u all. My company didn't pay EPF for quite some time. My ex colleagues had been worked for 2 years and only less than 6 month EPF.

Ya you can go to KWSP to check. If i not mistaken you can use SMS to check for your account.

Before i sign for permanent i taught of going off but at that time i can't find a job. So i continue to work. No matter what they have to pay my EPF coz i collect all the pay slip as proof. The diff is i don't have the interest. Now i just waiting for company offer. Aim for MNC company alr. Working at SMC really got this kind of problem.

I always saw those KWSP ppl come for coffee.
RynLCyn
post May 15 2006, 04:09 PM

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better complain and check is the company going to close soon...

my collegue who just join my company... he never got paid for about 5months by his last company.. cos the company shirking towards closing...

now bring the case to court...

one thing is... someone actually can tahan for 5month no pay and still stay in company.. not one but a bunch of them doh.gif
TSjehutyz
post May 15 2006, 04:27 PM

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For my case, my boss got money one. But just don't want to put into company. This is the first month so c wat else the company want to do. My very concern is my EPF. This month will ask for it. If i want to report is it just go to KWSP and report for my company.
hamster9
post May 15 2006, 05:44 PM

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Wanna ask, is there any employment letter for u to be brought to court??

In any chance is the employment letter complusary to sue the boss??
vvv
post May 15 2006, 09:42 PM

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the employer must pay your salary before 7th of next month
goliath
post May 15 2006, 10:46 PM

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yeah.. that's what my aunt told me too because she's dealing with human resource business.. smile.gif
SUSflamer
post May 15 2006, 10:59 PM

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Cilakak punya boss. But from what I see, you better try to change job. This is the initial symptons of a bad company.
ManLivArs
post May 16 2006, 09:54 AM

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I also got my salary on the 7th of the month 9:30pm every month. Some time 8th of the month.
p4n6
post May 16 2006, 11:51 AM

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I got mine every 28th of the month.
TSjehutyz
post May 16 2006, 05:15 PM

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QUOTE(vvv @ May 15 2006, 09:42 PM)
the employer must pay your salary before 7th of next month
*
QUOTE(goliath @ May 15 2006, 10:46 PM)
yeah.. that's what my aunt told me too because she's dealing with human resource business.. smile.gif
*
So is it true that there is a labour law for this? All the employer have to pay employee salary before 7th of the following month. Any statement for this. Need prove if not hard to nego with them.

Another thing with my company is they paid me the wrong figure for the SOSCO. Based on my cousin told me last time the maximum is RM9.75 from my side and RM35.85 from the employer. This is because last time maximum is till RM2,000. But the rules had changed. Not the maximum is RM3,000 so which mean they paid the wrong figure to me. I suppose to have more. Actually this is all those small small matter that we didn't notice. Those employer really bad. This is all our hard earn money. Like that also want to con. Bad Bad Bad......
hamster9
post May 16 2006, 05:38 PM

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I think you must look back at ur contract of employment to safe guard yourself and not make urself a fool in the public. Have solid evidence, no received payslips, payslips no indication of EPF deductions, you know..something black and white instead of verbal.
TSjehutyz
post May 16 2006, 05:48 PM

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Yeah i know that. Before that they want to run away from my EPF so don't want to pay. Then i request for it. So they change the agreement. Every month in my pay slip got in black n white i got EPF but in the EPF account column always don't have my account coz they also not yet open my account.

I dono how they escape from law coz they had been doing this for 2 years. KWSP guy always come and visit and nothin happen.

This is what in my agreement.

EPF and Socso Contribution
Consultant is entitled for Employement Provident Fund and SOCSO as per statutory requirement.

So i'm entitled rite. But how bout the last word.

Thanks

This post has been edited by jehutyz: May 16 2006, 05:52 PM
simonlsm
post May 16 2006, 06:06 PM

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i also cannot get the salary form my part time job for half year...i heard tat is a lot of these company which will pay vety late.U guy which company is it??
kevkenzo
post May 16 2006, 06:21 PM

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jehutyz is my colleague and i'm sharing the same faith with him. When i first came to this company till now, hmm.. about 6 months, 8 ppl left the company.~ As a new comer, i'm pretty amazed... sweat.gif

This post has been edited by kevkenzo: May 16 2006, 06:22 PM
Jackieboy
post May 16 2006, 11:54 PM

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company name pls
imisu29
post May 17 2006, 01:12 AM

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QUOTE(p4n6 @ May 16 2006, 11:51 AM)
I got mine every 28th of the month.
*
Same here , are we working in the same company ? tongue.gif
TSjehutyz
post May 17 2006, 10:36 AM

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I think is not good to post the company name at here.

g00glesYYl
post May 17 2006, 01:22 PM

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hint to ur boss la...if u still keep silent....Ur boss will take the opportunity to bully u one...
TSjehutyz
post May 17 2006, 01:25 PM

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Hahaha if your boss is those always just ignore then what you can do.
All i think of just FIRED the BOSS.
AAA3
post May 17 2006, 01:25 PM

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I got mine every 25th of the month.

Still got 8 days to go...
g00glesYYl
post May 17 2006, 01:44 PM

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if he does not respect u then wat for u respect him la...fire him la

This post has been edited by g00glesYYl: May 17 2006, 01:44 PM
AAA3
post May 17 2006, 01:48 PM

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QUOTE(g00glesYYl @ May 17 2006, 01:44 PM)
if he does not respect u then wat for u respect him la...fire him la
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Remember that boss is boss and never argue with ur boss...

He control ur life even u want go to others company... (for eg. he can talk something bad on u or make ur reputation bad in ur working field)
highman
post May 17 2006, 01:53 PM

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QUOTE(jehutyz @ May 15 2006, 02:49 PM)
I heard that there is a labour law that the employer must pay your salary before 7th of every month. Is this true? My this month salary also not yet bank in. Is already half of the month. Hate this company. All my pending claim also not yet settle.

Anyone can help.
*
if u really want to take action, u can goto http://www.mohr.gov.my/main.php

pls have a look on this. it may help u.
if they really drag ur salary and claim... i think u can a complaint to this gov center.
SUSe-kereta.com
post May 17 2006, 01:56 PM

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yes its true as per the law..co. must pay b4 7th day of the next month..
evilme
post May 17 2006, 02:06 PM

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i didn't worry about salary...... sine i'm a/c executive...... so, every last week of the month..... will hint my boss..... to pay the salary.....!!!

until sometimes one day, i cannot "tahan lagi" i will say to bos' bos, takder duit woo, nak makan macamane' then, he will ask me to write a cash cheque for me.... hehehehe......smart ..... but not gud....
TSjehutyz
post May 17 2006, 02:50 PM

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QUOTE(g00glesYYl @ May 17 2006, 01:44 PM)
if he does not respect u then wat for u respect him la...fire him la
*
Yes i used to do this. But a boss usually got relationship with others boss. Unless you change to others fields.

QUOTE(highman @ May 17 2006, 01:53 PM)
if u really want to take action, u can goto http://www.mohr.gov.my/main.php

pls have a look on this. it may help u.
if they really drag ur salary and claim... i think u can a complaint to this gov center.
*
Thanks for it. Will look into it.

QUOTE(e-kereta.com @ May 17 2006, 01:56 PM)
yes its true as per the law..co. must pay b4 7th day of the next month..
*
Yes this mean there is a law for it.

QUOTE(evilme @ May 17 2006, 02:06 PM)
i didn't worry about salary...... sine i'm a/c executive...... so, every last week of the month..... will hint my boss..... to pay the salary.....!!!

until sometimes one day, i cannot "tahan lagi" i will say to bos' bos, takder duit woo, nak makan macamane' then, he will ask me to write a cash cheque for me.... hehehehe......smart ..... but not gud....
*
Your boss bad level not yet reach my boss. Eventhough i let my boss know but will just said ya soon will pay your claim. End up ignore alr and always said busy with work.


GiNgEr^fIsH
post May 18 2006, 04:46 PM

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I work for a company which requires me to study the Labour Law.
So i can tell u according to the Employment Act 1955 (act 265) & Regulations.

(Payment of Wages
19. Every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions, earned bu such employee during such wage period:

Provided that if the Director General is satisfied that payment within such time is not reasonable practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.

quote: from the Employment Act 1955)

Regards..


TSjehutyz
post May 18 2006, 07:45 PM

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QUOTE(GiNgEr^fIsH @ May 18 2006, 04:46 PM)
I work for a company which requires me to study the Labour Law.
So i can tell u according to the Employment Act 1955 (act 265) & Regulations.

(Payment of Wages
19. Every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions, earned bu such employee during such wage period:

Provided that if the Director General is satisfied that payment within such time is not reasonable practicable, he may, on the application of the employer, extend the time of payment by such number of days as he thinks fit.

quote: from the Employment Act 1955)

Regards..
*
Woo you work at a law company is it? Wonder why need to study the labour law. Then i think your company sure follow all the law.

Actually i not so understand for the last paragraph. Is this mean that the employer can delay the payment? Based on my colleagues told me as she went to check, she said is not yet bank in and the secretary said will bank in next week. Ok even this month they will bank in but now i'm concern for next month. If next month same thing mean our salary late for nearly 1 month.

Really need start to lookup for jobstreet. Any other online job that is good. I'm in the IT line.
Ritz Crackers
post May 19 2006, 08:02 AM

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smile.gif yes it is provided under the EA... but I would also like to add that

the Employment Act ONLY covers employee earning below RM1,500 a month unless you work in the manual worker industry (buruh kasar)...

so if you are earning more than that, your rights will depend on the terms of your employment contract...

HOWEVER, if your are earning RM1,500-RM5,000, the EA does cover you to the extent that, if your boss does not pay your salary, you can complain to the nearest labour office.

GiNgEr^fIsH
post May 19 2006, 10:18 AM

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not too sure about Ritz Crackers comments..
As a matter of fact, Im an IT grad myself. I dont exactly work for a law firm. More towards Human Resource Capital so i need to read the employment act.
=)
I'll try to get some info on the last paragraph and post it here.
If there is any question anyone would like to ask, just post it up. And i'll try to get back to you. Cheers

rcp
post May 19 2006, 10:34 AM

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QUOTE(p4n6 @ May 16 2006, 11:51 AM)
I got mine every 28th of the month.
*
Must be working in MMU. tongue.gif
Ritz Crackers
post May 19 2006, 05:13 PM

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QUOTE(GiNgEr^fIsH @ May 19 2006, 10:18 AM)
not too sure about Ritz Crackers comments..
*

read EA 1955, s 2, interpretatin of "employee" under the Act which will lead you to the First Schedule of the Act...

note also s 1 says EA only applicable in West Malaysia

as regard the right to complain for those earning RM1500-RM5000, see s 69B of the EA

happy reading whistling.gif

TSjehutyz
post May 19 2006, 06:53 PM

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Can i ask where do you all get this all rules.
From a book?
I went to the site that posted at here.
Dono where to search.
Later will search more for it.
Ritz Crackers
post May 20 2006, 07:11 PM

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QUOTE(jehutyz @ May 19 2006, 06:53 PM)
Can i ask where do you all get this all rules.
From a book?
I went to the site that posted at here.
Dono where to search.
Later will search more for it.
*
From reading the Employment Act 1955 (Act 265) itself lar! cool.gif
you can always buy a copy from MPH or Kinokuniya at the statutes section...



This post has been edited by Ritz Crackers: May 20 2006, 07:12 PM
ijamz
post May 20 2006, 07:35 PM

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me last time not even paid for 3 months...WTF punye boss..but my bos is Ketua Caw. U*MNO and he is one of the F*CKEST person ive ever met...but my friends advice me not to take legal action againts them becoz its useleass and could harm my future...untill now he owe me rm5,400.00

WTF!!!....i just resign and try to forget...but if i see him once again anywhere, i will hit him with my ranger..i swear...
vmad.gif

my advice..go take legal action ...dont regret later on like me if u refuse to take ..


Ritz Crackers
post May 20 2006, 07:54 PM

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QUOTE(ijamz @ May 20 2006, 07:35 PM)
me last time not even paid for 3 months...WTF punye boss..but my bos is Ketua Caw. U*MNO and he is one of the F*CKEST person ive ever met...but my friends advice me not to take legal action againts them becoz its useleass and could harm my future...untill now he owe me rm5,400.00

WTF!!!....i just resign and try to forget...but if i see him once again anywhere, i will hit him with my ranger..i swear...
vmad.gif

my advice..go take legal action ...dont regret later on like me if u refuse to take ..
*
how long ago was that?
under the Limitation Act, you have 6 years to take a civil action against a tortfeasor... you may still have the right to sue if the matter has not lapsed 6 years wink.gif no need to regret

ijamz
post May 20 2006, 08:03 PM

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QUOTE(Ritz Crackers @ May 20 2006, 07:54 PM)
how long ago was that?
under the Limitation Act, you have 6 years to take a civil action against a tortfeasor... you may still have the right to sue if the matter has not lapsed 6 years  wink.gif no need to regret

*
early 2005...owwhhh..i still have the chance..thanks notworthy.gif
GiNgEr^fIsH
post May 20 2006, 08:28 PM

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=)
good luck
Ritz Crackers.. u working in a law firm?

Ritz Crackers
post May 20 2006, 08:59 PM

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QUOTE(GiNgEr^fIsH @ May 20 2006, 08:28 PM)
=)
good luck
Ritz Crackers.. u working in a law firm?
*
chambering
TSjehutyz
post May 21 2006, 11:25 AM

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QUOTE(ijamz @ May 20 2006, 07:35 PM)
me last time not even paid for 3 months...WTF punye boss..but my bos is Ketua Caw. U*MNO and he is one of the F*CKEST person ive ever met...but my friends advice me not to take legal action againts them becoz its useleass and could harm my future...untill now he owe me rm5,400.00

WTF!!!....i just resign and try to forget...but if i see him once again anywhere, i will hit him with my ranger..i swear...
vmad.gif

my advice..go take legal action ...dont regret later on like me if u refuse to take ..
*
Ya actually i also think of this where once u take legal action then it like will ruin your future. Coz this world is very small. But if i don't take this late salary for legal action then how bout the EPF as they deduct from my account and didn't bank in to my account. Actually my account they also not yet open for me. Is already the 3rd month.

Based on my cousin told me they can temporarily bank in through my IC num. Then later when they opened the EPF account alr will bank in everything in. Is this ok? How long they can bank in through my IC before to account.

That day i asked my ex-colleagues, they pay back all their EPF with the interest also to the EPF account. She is lucky coz she so fast settle it. Some over 2 years already till now also not yet settle. While some others got lawyer letter therefore they have to settle.

By the way thanks for all the reply. Now i know more about it alr.

This post has been edited by jehutyz: May 21 2006, 11:26 AM
Ritz Crackers
post May 21 2006, 02:06 PM

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QUOTE(jehutyz @ May 21 2006, 11:25 AM)
Ya actually i also think of this where once u take legal action then it like will ruin your future. ...
*
doh.gif erm... what future ruin are you guys talking about?
by taking action against unscrupulous employer, it's the employer who's being ruin, not you!

what have you got to lose?

afraid you won't get another job?
well, if the next employer is afraid of you taking action against them and refuse to employ you, that shows they are also from among those unscrupulous employer... so if they don't hire you, better still!

a good future employer will sympathize with your past experience and ensure that they do not do the same to you!

sigh... Malaysian, please know your rights and enforce it!
if you don't fight back you will forever be bullied!


TSjehutyz
post May 21 2006, 05:57 PM

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Ya true also.
Not my fault also. Now really need to apply job alr. Any nice offer in IT line? Now i try to get a bigger company to work as i think is better than this all small one. But is hard to get those big company.

Basically i wonder how they escape from the legal action. For like EPF, even if we don't take legal action but they also will check. If not i don't think those KWSP ppl always come lor.

This post has been edited by jehutyz: May 21 2006, 06:02 PM
keants
post May 30 2006, 04:33 PM

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ok m now... u go and talk to ur boss..
ehh.. i did a check on my epf and not yet bank in...
the fellow at the epf ask me about the company reg no,, could u pls give me..
he will call me in a week time...
hehehehe see what is ur boss response
TSjehutyz
post Jun 5 2006, 10:33 AM

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Finally i had decided.
This morning i went to check my account. 2 month salary is not in.
FYI some of my colleagues got their salary coz they make some noise. I simply just keep quiet and it seem that they totally ignore me. WTF. I prepare everything included my letter. Will meet them and raise everything out bfore i fired them or i could be get fired.
So any IT vacany? Programming.....

Thanks
TSjehutyz
post Jun 6 2006, 09:20 AM

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Today just get my email reply from my boss.
She said that unable to pay me due to unable to collect money from AR.
Do anyone know what is AR stand for?

 

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