Hi all, just realized my cousin did not have EPF contributed (the company did not contribute / register) for the last 4 months when he worked for a small clinic. He’s still working there currently. He showed me the appointment letter that he signed and there’s a clause where it says “Confirmed staff will be entitled to EPF and Sosco according to the labour Law and Table”. If I remembered correctly probation period also entitled for EPF right? He’s a freshie that’s why didn’t know all these.. can we still report to KWSP office regarding to this matter even though he signed the letter already?

Yes. You can report. Regardless of position, if u receive a salary from a company, u get epf

Hell, when I started to do part time uni tutoring back when I was 19 years old I pun dapat epf from the college.

err... my place probation only get socso...

Got deduct his salary or not? Got deduct sure can fight

By right yes, entitled to socso and epf. Unless you are intern, which most likely you will get nothing besides PH entitlement at the most.

+1 Agree

lol written confirm staff only get ah. maybe now no position or jus intern. if letter no position stated how?

No deduct salary, full salary banked in to him every month lo


The letter got mentioned his position, but yeah letter written when confirmed only got :/ still can argue? Since he already signed the letter over 4 months ago..

Doesn't matter he sign letter 10 years. Still need to pay EPF. It's already illegal. It's like you signing a letter saying Rob Bank during probation and you sign but now you don't want to rob Bank and want to report if it's illegal.

See the point I'm making bro?

Even my previous cinaman company pays EPF & Socso during my 6 months probation period.

Did your offer letter say what is your position/job role with the company? If no, ask your HR.

What does ur payslip say?

Is there stated EPF employee contribution there
Same time, did employer contribute as well

Check

Or take a pic here and sensor the numbers

Probation means a try out period for a full time position then employer is legally required to contribute EPF.

If you do not want to jeapordize confirmation then raise this matter after you receive confirmation letter.

check your payslip, should state a compulsory EPF deduction from you, and EPF contribution from your employer.

Part time also get epf socso wtf probation dont have

got deduct got lo
no deduct also cannot fight

Check the offer letter. If it states anywhere that they are hiring your cousin as a "consultant" or a "service provider", then they can actually choose not to contribute for EPF as your cousin is not considered as an employee, but instead someone rendering services to the company.

A few companies (especially big ones) tend to do this for probation staff to avoid paying EPF and SOCSO.

Since you've already mentioned that they paid the salary in full, it means that they did not contribute to the EPF funds.

If the offer letter just mentions probationary period, then he is fully entitled for EPF payment. Even if the letter states that, the company is required to contribute, by law. In fact, if he goes to EPF to pursue payment for the contribution, all he needs is proof that he HAS worked at the company. Bear in mind this will create a lot of friction, so consider this the "nuclear" option.

Source: For the former, have talked in depth to an HR person in an MNC (Malaysian Region) & for the latter, I have personally dealt with a KWSP officer.

First 3 months no need pay epf

Not me leh hahah, cousin working in a Small clinic only hahah, don’t think there’s any “HR”

Not my payslip leh hahah.. The offer letter stated my cousin is offered a Job as optometrist in an eye clinic, however there is a clause stating no EPF during probation period (which I find odd), and no deduction for EPF in payslip also (salary paid full)..

Yuppp, agree that this is a “nuclear” option la, told him about this option and the consequences dy.. see how he wants to proceed lo

Yes, entitled no matter what the letter said. It is wrong for companies to do that. Even if the payslip not deducted, companies are still liable to pay for their part of contribution.

This post has been edited by fearless_kiki: Feb 2 2021, 06:31 PM