My friend just started work as part time (8 hours, 4 days a week). No EPF account yet. My understanding is that the company still need to create one for her and have to pay her EPF regardless of her being part time. However in her employment contract it is stated the company is not paying her EPF / Sosco. Her salary is less than Rm2,000.

We are thinking of reporting them to KWSP, but not sure how. Can anyone advise on the situation? Thanks.

first of all..why did your friend sign the contract when its stated that no epf contribution is going to be made?

you may walk in to any epf office to lodge complaint.. but doubt it as there is a clear agreement between employer and employee.. unless the employer deduct the epf and no contribution is made, then action can be taken.

Go to EPF open account, then give the number to company.
Company cannot open account for you, they can help you by giving you the form. As far as I know, got to do it yourself.

This post has been edited by barista: Apr 27 2017, 05:01 PM

call them up/ report online je la..

http://www.kwsp.gov.my/portal/ms/reach-us/enquiry

clearly stated in the contract, and your friend accepted means no wrong la.

dunno if go complaint, kwsp can do anything about it.

As the others mentioned, your friend has to create the account herself first. Then, she has to share her EPF number with the employer/ HR.

Secondly yes, I'm also wondering... why did she signed an agreement that states the company would not be paying her for EPF and SOCSO. It's like I already told you that your meal doesn't come with fries, and you acknowledged it. Then you turn around and demand for your fries.

I hope its a good lesson to your friend and all newbies - not to rush to sign anything. Take the time to read your offer letter and the T&C before signing. Make sure everything is agreeable before sealing the deal. If there's anything you find un-agreeable (especially the pay), don't sign on it. Make sure the company provides you with a totally new copy with the right term or salary included in it.

So with the damage being done, she can:
- Walk in to KWSP office and get their advice on the case. If its possible to report the company and demand for the EPF, lodge a complain against them.

Note that when you lodge a report, although anonymity is assured, the employer will definitely know its you unless he hasn't paid some other employees their EPF as well. In this case, you can expect being confronted by the employer/ HR. Or in worst case scenario, may be labelled as a troublemaker and be forced to leave. However, this is just speculation and sharing on the potential consequences.

- Confront employer/ HR and speak to him/ her. Demand for the EPF. However, your friend need to consider the consequences of the company still refusing to pay or dragging it out.

- Quit and look for another job.

This post has been edited by sweet_pez: Apr 27 2017, 05:44 PM

She is young, still in college, I think they are not aware of the circumstances. By law employees have to pay epf, regardless part time or full time (except on call basis) in fact my understanding is salary below Rm2,000 they have to follow employment act instead of company drawing their own 'contract law'.

But that is my understanding only and I'm not sure 100% so need some advice, but I think we definitely will report to KWSP.

Company cannot open EPF account..
The employees must do themselves...

Second.. Please do some report to EPF.. I'm sure they would do something..

Did your friend signed Contract For Service or Contract Of Service? Mind you these 2 have different interpretation and the former does not require Employer to pay on EPF

Interesting. I actually never come across how to report an employer to EPF. Some of them would just resign from such companies.

Burn that office down. Kidding

Resign and look for new job. Lodge report to Hotline Whistleblowing 03-2616 2121.

Except for the persons mentioned in the 1st Schedule of the EPF Act 1991, an employer shall be liable to pay EPF contributions in respect of any person whom he has engaged to work under a Contract Of Service or Apprenticeship.
First schedule please refer this link: http://www.kwsp.gov.my/portal/en/web/kwsp/...s#firstschedule

This post has been edited by vextor: May 7 2017, 09:32 PM

Good advice! Will try tomorrow and update here.

This post has been edited by ribit123: May 8 2017, 01:28 AM

Not be in accordance with industrial harmony that you continue to there work, if you reported to KWSP.

Look for better job better benefit. All the best.

This post has been edited by vextor: May 8 2017, 09:49 AM

This looks to me to be a Contract For Services whereby the company is not required to pay EPF/Sosco.

It depends on the contract, whether it's Contract Of Services or Contract For Services.
Contract Of Services = co is required to pay EPF/Sosco
Contract For Services = co not required to pay EPF/Sosco

I received job offer that EPF and Socso contribution is not made during probation period. I thought these are requirement by labour law. No ? It's a permanent job.

This post has been edited by HappyHampers: May 8 2017, 07:42 PM

They still need to pay you EPF and SOSCO even during probation period.

http://www.kwsp.gov.my/portal/en/employers...d-to-contribute

My advice is know your rights and stand up for it. Then only sign your contract. A lot of employees are writing their own fancy rules for their own benefit.

So I double checked, and it says '' CONTRACT OF EMPLOYMENT''

Now im wondering ur fren company is same company that offers me haha

In that case, looks like the employer has potentially violated the law. Now the question is whether yr friend thinks this job is worth to 'fight' for her right.

you have no idea that EPF act is part of fedaral constitution?

that fedaral constitution is the highest law?

any rules, by laws or laws that are against fedaral constitution is invalid no matter who owned the company.

bodoh, tapi ada hati nak bagi advise.

Wow. Okay i bodo, sorry for being bodo and drop opinion here.

✌

If you are working as part time, can you request the employer to just contribute EPF but receive 0 salary?

Since you have a proper job for the monthly salary part, part time job earning all move to EPF contribution.

what are u guys talking about... employer can help create epf account for employee. back in 2010 on my first day on the job, hr lady give me form to fill in and return to hr. later on my epf account was created without me contacting epf or going to any branch at all.

Like many have pointed out, it depends on the status of her employment.

However, EPF is a requirement, not something that can be "worded out" with a contract of employment. SO all those advice stating "If its in the contract then too bad" is incorrect.

Report or just get the heck out and resign hahahaha

Part time worker there is no compulsory to provide epf and most of it actually no epf