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 employer did not pay epf for me, what should I do?

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cherroy
post Nov 26 2015, 09:21 PM

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QUOTE(HoPeLeSsLiNg @ Nov 26 2015, 06:56 PM)
but in my contract state 3 months, so If i give enough 4 weeks notice den i shall not compensate the company?
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What is your salary and position in the first place, as this is crucial to determine whether you are under employment act or not.
j.passing.by
post Nov 26 2015, 11:43 PM

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QUOTE(HoPeLeSsLiNg @ Nov 26 2015, 06:54 PM)
Yes I plan to give them 1month's notice, means 31/12/2015 will be my last day. really hope they could approve my request.
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No, 3 months means 3 months. It is not up for negotiation; negotiation was over when you signed and accepted your letter of appointment.

That's the worst plan I could think of - the company can hold your December salary and even this month's salary as part of insufficent notice.

There are 2 things you could do:
1. Give a formal written resignation with 3 months notice.

2. If you're confidence that the company will not take any action towards you, walk away without giving any resignation letter. Which you can also do - walk away in January even after doing (1).

Lastly, resignation is resignation. It is not a 'request for approval'. The company can either accept your resignation or reject it. By rejecting and not accepting your resignation, it simply means asking you to reconsider your decision and taking back your letter for the time being. Sometimes it may involved a brief interview enquiring what is the reason why you want to quit, any problems you are facing, etc., which you may be frank and let them know, or you can keep them in the dark and not enlighten them why the company losing another staff. But if you are determine to quit, then be firm and not take back the letter.

3 months notice is quite normal. It works both ways... if the company wants to terminate your services, they too will have to give you the same notice. If the boss hate to see your face every day and want you to disappear immediately, they will have to give you compensation in lieu of notice.

But if you hate seeing your boss, you can work according to rules, no more working late, punch out sharp on time, take longer lunch breaks, toilet breaks, etc. etc.... and if you're lucky, maybe the boss will give you unrecorded leave... LOL laugh.gif

squall8985
post Nov 27 2015, 01:39 AM

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I'll simply walk away in my last experience. If let's say they want to terminate you earlier then notice period how on earth do you think that they gonna pay you the remaining month since EPF also no pay. icon_idea.gif
Walkway like a boss hehe.
TSHoPeLeSsLiNg
post Dec 1 2015, 11:36 AM

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QUOTE(cherroy @ Nov 26 2015, 09:21 PM)
What is your salary and position in the first place, as this is crucial to determine whether you are under employment act or not.
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just a junior staff blush.gif
honkkydorry
post Jan 7 2016, 01:57 PM

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To avoid complications, serve the remaining 3 months. If you are not the only person which the company deducted EPF from salary but didn't contribute to EPF, then go file a report with EPF as a Group. It is more effective when it is done as a Group. If there is still no action from the company I suggest go to MCA Michael Chong and publish the news.

I am speaking from experience. I had to wait a year before all contributions were returned to me but it was worth the wait. My employer also tried to be nasty when I tendered my resignation by holding my salary but I filed report with Labour Dept and got my $ even though I also had to wait a year because my ex-company ignored every single court case meetings but in the end, they cannot run, as long as the company isn't bankcrupt.

This post has been edited by honkkydorry: Jan 7 2016, 01:57 PM

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