I have worked as part time promoter for 3 days in 29, 30, 31 March 2008
Until now i didnt received my basic payment which is RM255
I ask many times to the person in charge about my payment,
but they say they banked in to my account edi..
my account book dont have any transaction for amount RM255
it is already more than half years..

i send email to the person in charge to give me the cheque reference no or attach the cheque picture for me since he said he has banked in..
but he just simply attached blank picture..
i fed up with him..
In this case, do i have right to sue the company?

i attached wat he send to me..

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Added on November 24, 2008, 3:54 pmsorry..is 28-30 march 2008

This post has been edited by angela0808: Nov 24 2008, 03:54 PM


Attached image(s)

Whats the point to sue him...
legal fees + court fees are more than this amount..
just my oppinion, no offence.

This post has been edited by Kenneth85: Nov 24 2008, 04:10 PM

go the office take
if not..
keep waiting...
if not..
report police...
if not..
makan sendiri

Please dont give advise if it does not help the thread starter.
If they feel that they should 'makan sendiri' they would not have started this post.

TS there's some avenues that might be helpful AND UNLIKE what some may have posted it may not be as High as they make it seem.
No doubt you might not get all of it back, but rather than 'makan sendiri' wouldnt you want to ensure you are done right by ?
At the very least, the very mention of court to your former employer will make him think twice on his reputation and time.
Follow it through and you might get all if not some back. At the very least if you win, even without anything, at least the satisfaction that you were not wronged.

Here's some avenues for you.

Employment Law Disputes

WHAT IS A DISPUTE ?

A dispute being referred to as trade dispute under the Industrial Relations Act 1967 means any disagreement between the employer and workman or employee which is connected with the employment or non-employment or the terms of employment or the conditions of work of such workman or employee leading to industrial action.

The Industrial Relations Act 1967 governs the relationship between employers and workmen or employees and their trade unions and generally deals with trade disputes.

WHAT DOES THE INDUSTRIAL RELATIONS ACT 1967 PROVIDES ?

The Industrial Relations Act 1967 is applicable throughout Malaysia and provides for the regulation of relations between employers and workmen or employee and their trade union and the prevention and settlement of trade disputes.

This Act emphasizes on direct negotiation between employers and workmen or employees and their trade unions to settle their differences and to regulate their collective relationship and to settle any dispute arising therefrom through their own effort and through mutually agreed procedures with minimal government intervention.

Where the government intervention is necessary, such intervention will be confined mainly to providing a legal framework to which the parties can turn to if they so wished.

Under the Industrial Relations Act 1967, the legitimate rights of employers and workmen or employees and their trade unions are protected.

This Act also provides the procedure relating to submissions of claims for recognition and scope and representation of trade union and collective bargaining.

Under this Act, matters relating to promotion, recruitment, dismissal, transfer, retrenchment, reinstatement and allocation of duties and prohibition of strikes and lockouts over any of these matters are not allowed to be included in the proposal for collective bargaining.

Where direct negotiation between employers, workmen or employees and their trade unions fails, this Act provides for speedy and just settlement of trade disputes by conciliation or arbitration

This Act provides the power to the Ministry of Human Resources to intervene and to refer at any stage any trade dispute to the Industrial Court for arbitration.

After a trade dispute has been referred to the Industrial Court and on any matter covered by a collective agreement or by an award of the Industrial Court, employees or workmen are not allowed to declare strike or lockout.

Collective agreement means an agreement in writing concluded between an employer or a trade union of employers on one hand and a trade union of workmen or employees on the other, relating to terms and conditions between the two such parties.

This Act makes it an offence for any person to give financial aid in direct furtherance or support of any illegal strike or lockout. Such offences are seizable in nature and no bail shall be granted.

Peaceful and orderly picketing in furtherance of a trade dispute is permitted under Part IX, section 20 of the Industrial Act 1967 provided that such picketing is carried out at or near the place where a workmen or employee works and where a trade disputes exists. It will be illegal however for one or more persons to attend at or near a place of employment where a workmen works if such attendance is, by nature of its manner or number, calculated to intimidate any person in the place or to obstruct the approach thereto or egress therefrom or to lead to a breach of the peace.

Award means an award made by the Industrial Court in respect of any trade dispute or matter referred to it or any decision or order made by it under the Industrial Relations Act 1967. An award of the tribunal is final and legally binding on the parties to the dispute.

Unless approved by the Ministry of Human Resources, collective agreement cannot contain better terms of employment than those stipulated under the Employment Act 1955.

Part IV, section 15 of the Industrial Relations Act 1967 provides the protection of pioneer industries during the initial years of their establishment for a period of at least 5 years from the date of commencement of operation in Malaysia against any unreasonable demands from a trade union.


You can also perhaps file on Small Claims to your Former Employer Depending on the Situation.

Small Claims Link

WHAT ARE SMALL CLAIMS ?

In Malaysia, small claim proceedings are heard in the Magistrate Court.
Small claims are governed under the Order 54 Small Claims Procedures of the Subordinate Courts Rules 1980.
The Magistrate Court will handle disputes between individuals or an individual making a claim against a business.
Your claim can be filed under the Small Claims Procedure if the amount in dispute or the value of the subject-matter of the claim does not exceed RM$5,000.00.

CAN I BE REPRESENTED BY AN ADVOCATE OR SOLICITOR ?

No. But you can consult a lawyer.
No party in this proceedings can be represented by an advocate or solicitor, except where the defendant is required by the laws to be represented by an advocate or such other authorized person.
No party is entitled to recover any advocacy costs to the proceedings from any other party to the proceedings.

IS IT COMPLICATED TO TAKE A CASE TO SMALL CLAIMS PROCEDURE ?

Small Claims Procedure is a very simplified procedure.
Nevertheless, those who are unfamiliar with the process may find it quite complicated.
Furthermore, words such as "judgment debtor", "defendant", "judgment", "hearing" and "adjourn" are considered legal jargon to most individual.

DOES IT MAKE SENSE TO FILE IN A SMALL CLAIM ?

It depends on the unique facts and the circumstance of your situation.
Before filing a small claim you should try to settle the matter on an informal basis including sending a formal written demand to the other side.
You should consider whether it is worth your time and effort and mental anguish involved.
An important issue you should take into account is the possibilities of collecting the money from the defendant if you win.
Finally, you should look into the impact on your future relationship with the other side.

HOW MUCH IS THE COST TO FILE A SMALL CLAIM ?

All you have to pay is the filing fee to start the action.
The filing fee to file in a Small Claim is only RM$10.00.
You may also need to pay for prepaid register postage if you are effecting the service of Form 164 by post.
Where you consult a lawyer, you will need to pay for advocacy costs.

HOW DO I START A SMALL CLAIM ACTION ?

It does make sense to go to the Magistrate Court nearest to where you reside or where the person you want to sue resides or where the accident occurred, to file in a Small Claim.
Obtain Form 164 - Summons Form from the Court Registry Clerk. The form is given free of charge.
In the first part of the form, fill in your full name, address and Identity Card number.
You should then state the full name, last known address and Identity Card number of the defendant or the person you wanted to sue in the second part.
In the third part, you must state the exact amount claimed and the particulars of your claim. The particulars must state the relevant date and how the claim has arisen or what is the basis of the claim.
Having filled in the particulars, the form must be signed or right thumbprinted by you personally.
Having completed the form, you must file in the form in 4 copies in the Registry of the Second Class Magistrate's Court. You will be required to pay the filing fee of RM$10.00.
The Registry will put the seal of the Court on the 4 copies of the form and fill in the hearing date.
A copy of the form will be returned to you.

WHAT SHOULD I DO AFTER THE FORM 164 IS SEALED BY THE COURT ?

You should serve the copy of the form duly sealed by the court on the defendant.

The service of the form must be effected by

* personal service or
* prepaid registered post addressed to the defendant's last known address.

Once the defendant received the form, he or she should be aware that your are suing him or her.

Instruction and order to the defendant are stated in the sealed form.

You and the defendant will be requested to appear in the Court on the trial date stated in the sealed form.

WHAT HAPPENS IF MY DEFENDANT DENIES OR DISPUTE THE CLAIM ?

Dispute may refer to a situation where the defendant disagree with the claim amount you filed in or question the truth of the statement of your claim.

Where the defendant being duly served with the sealed Form 164 disputes the claim, he or she must file in a statement of defence in Form 165 - Statement Of Defence/Counter Claim Form before the date stated in the sealed form.

Form 165 is given free of charge.

Form 165 must be filed in 4 copies and before the date stated in the sealed form which is normally 14 days after the service of claim.

The defendant will have to fill in the particulars as to why he or she disputes the claim.

If the defendant counterclaim, he or she will have to state the amount and the particulars of the counterclaim in the form.

Counterclaim means the defendant is in the opposite manner making a claim on you.

Form 165 must be signed or right thumbprinted by the defendant personally.

Form 165 must then be filed in the Court Registry and he or she has to pay RM$10.00 for filing fee.

The Registry will put the seal of the Court on the 4 copies of the Form 165 and return a copy to the defendant.

The defendant will then serve the copy of the sealed Form 165 to you by

* personal service or
* prepaid registered post addressed to your last known address.

Thereafter, the defendant must appear in the Court on the trial date and time shown on the sealed form if he or she does not agree with your claim.

To support the defendant case, he or she should bring all witnesses, books and other papers.

DO I HAVE TO DO ANYTHING IF I DO NOT ADMIT THE DEFENDANT'S COUNTERCLAIM IN FORM 165 ?

Yes.
Where you have been duly served with Form 165 and there is a counterclaim and that you dispute the claim, you must file in Form 166 - Defence to Counterclaim Form.
Form 166 is given free of charge.
You must state the particulars as to why you dispute the counterclaim in Form 166.
Thereafter, you have to sign or right thumbprint the form personally.
You should then file in the form in 4 copies in the Court Registry and pay a filing fee of RM$10.00.
The Registry will put the seal of the Court on the 4 copies of the form and return to you a copy.

WHAT HAPPENS DURING THE HEARING OR TRIAL DATE ?

Trial for Small Claim is a simplified procedures and will not be like a trial you normally see on television.
If both parties do not appear on the hearing, the action may be struck out, without prejudice, however to the restoration thereof, on the direction of the Judge.
An application for restoration must be made within 14 days of the hearing.
Where an action is restored, notice of restoration in Form 73 must be given by the Registrar to the parties.
If the defendant does not file in his or her defence or counterclaim in Form 165, the Court may give judgment in Form 167 for you, the plaintiff, on the hearing date or may in its discretion adjourn the hearing to enable the defendant to file his or her defence.
If the defendant admits the claim in the statement of defence, the Court will give judgment in Form 170.

Where you the plaintiff appear, the defendant is absent and on proof of service, the judgment to be entered shall be in Form 168. The Court may also dismissed the counterclaim with costs, if the defendant has a counterclaim.

Where the you the plaintiff are absent and the defendant appears, the Court may dismiss the action with costs if the defendant has no counterclaim. The Court may also give judgment for the defendant on his counterclaim if the defendant has counterclaim. This judgment to be entered shall be in Form 169.

Where both parties appear at the hearing of the matter before the Court, the Court shall where possible assist the parties to effect the settlement of a case by consent. Judgment by consent shall be in Form 172.

Where both parties appear at the hearing and the matter is not settled, the Court may proceed to hear the case and give a decision thereon or may adjourn it to another date for final disposal. Judgment entered after a hearing shall be in Form 173.

Before deciding the case and giving judgment, the Court has the power to ask the parties for further information and in particular for a short description of the claim and defence as the case may be, if such description is not adequately supplied earlier.

The Court may also consider the documentary or other evidence, including affidavit evidence, tendered by the parties and in their presence shall bear such oral evidence and argument, including written argument, as the parties may submit.

The sealed judgment or order given must be served on the person against whom the judgment or order is made or given by prepaid registered post by the Court.

Under Order 54 rule 15(1) of the Subordinate Courts Rules 1980, the Court may in its discretion award costs not exceeding RM$100.00 to any one party.

WHAT IS A JUDGMENT ?

Where a party wins, the result is confirmed by way of a judgment.

A judgment is a statement or decision made by the Court and it can be in favor of the plaintiff or the defendant.

Examples of the content in a Judgment are as follow :

"The summons having been duly served on the defendant and the defendant having failed to file his defence within the stipulated time, it is hereby ordered that the defendant do pay the plaintiff RM$2,800.00 and RM$200.00 costs."

or

"This action having this day been called on for hearing before His Honour (name) in the presence of the plaintiff, and the defendant not appearing, it is ordered that -

(a) the defendant do pay the plaintiff RM$2,800.00 and RM$200.00 costs;

(b) the defendant's counterclaim be dismissed."

WHAT SHOULD I DO IF THE JUDGMENT DEBTOR DOES NOT COMPLY WITH THE JUDGMENT GIVEN ?

Judgment debtor is the person against whom the judgment or order is made or given. It is generally called the losing party.

In most cases, the judgment debtor will pay the judgment, in order to clear the judgment from the public record.

Where the judgment or order has been duly served on the person against whom the judgment or order is made or given by prepaid registered post by the Court, and that the person against whom the judgment or order is made has not complied with the judgment or order, the party who has obtained the judgment or order may file in the Court a notice to show cause in Form 174.

Form 174 must be served on the judgment debtor by

* personal service or
* prepaid registered post addressed to the defendants last known address.

Under the Form 174, the judgment debtor is required to appear before the Court on a certain date and time to show cause why an order for the enforcement of the judgment or order should not be made against him or her.

Enforcement of judgment or orders consists of a variety of procedures to enforce collection, where the judgment debtor is not paying voluntarily.

For the enforcement of judgments or orders, the Court after examining the judgment debtor may :

* order a writ of seizure and sale to be issued in Form 78 with such modification as may be necessary as to endorsement.
* allow the judgment debtor time to settle the judgment debt, or pay the debt by installments or
* order the judgment debtor to be committed to prison.

Hope that helps, phew, it took me some time to look up the info for you, no doubt its just copy and paste but its better than 'Makan Sendiri' comments.

This post has been edited by havocx: Nov 24 2008, 06:16 PM

You should go to thier company and ask them .... before you sue the company

This post has been edited by DNSlDIuLeiLoMo: Nov 26 2008, 08:55 PM

Moved to Jobs and Careers

1. just go the company ask them show the prove, if they cant make it then give them 2 more days to get the prove.
2. if they still canot to make it and go for Labour Department (government) and make complaint to them, but you have to prove you dint get the money from them lo.

u got ur bank book as prove. keep asking n claim ur pay. if not report police kot

actually can sue...
but da best is ask the HR 1st...

You can actually make a report to Labor office. But don't wait so long to make report. Is there an official letter saying they are hiring you for that 3 days or any record that they are paying you so much for that 3 days of work.. You got to have all this to proof.

Tell them straight on the face that you are making a report to the labour office dept. Don't wait any longer. Bug them everyday. Give them 3 days n if they don't respond, report it to Labour office.

may know what kinda company u r in. Private or government? Dont go to the wrong labour court or civil court eventually. Any contract of employment been issued? i will advise only after you make things clear first before any wrong solution or cows sent towards you.

you welcome

well need to ask u whether tat job is under freelance job? its veli common for freelancers get the pay late. i got a job which more than 9 mths which i've yet to get the pay. i'm dealing wif the agt n she said she oso need to check wif the boss as he's the 1 who reluctant to pay. at least i still able to contact the agt n she'll help on this issue. mayb will get the cheque late. fyi my salary is rm900 n is coming to 10 mths. it depends on u how u going to settle it. i'm sure there's a specific person which u deal wif. do u no their office? mayb u can pay him a visit for more clarification. good luck ya.

stupid ah u guys?encourage ppl to sue. Do u guys even know how much procedure u have to go through to sue and NOT accounting the lawyer fees.. which goes into thousands for god sake.

1st of all, do you provide inaccurate account # ?

the tips provided here are all subjected to TS's consent that he understood the word "sue" and the desire to pursue. He's big enuf to differ btwn what can he do and what options he have. The members here were good enuf to accomodate his story.

well, i think wat he mean by sue is actually where to appeal his case. My advise is since the company didnt want to admit, you can go to perkeso and report at no cost/no charge. Don't you all know Perkeso is made to protect all employees regardless u r toilet cleaner, general manager, IT expert or whatever. Their location is at Jalan Ampang, near to Great Eastern Mall. Don't go between 12pm to 2pm, it is their lunch time and nobody will attend to you.

wait just to get my bearings right ...

Part time is in contractual?

or

Part time as in Freelance?

All you chaps who encourage TS to sue this, do that, report this, lodge that... you do know that in this case, the 'job' concerned was only 3 days of odd-job work (part time some more), performed over 9 months ago, and amounting to only a grand total of RM255... right?

No contract signed, no agreement, no std industry terms,... probably just some apple picker work based on nothing more than a handshake and a wink.

Labour dept, perkeso, court... you guys are joking, no?

TS, just forget it lah. Put this down as a life lesson that: "In god we trust. Everyone else pays cash".

This post has been edited by seantang: Nov 28 2008, 02:15 PM

m only asking to lodge a report to Labor office.Whether or not she could claim is another story. Once a report is lodge , perhaps a labor office would do an investigation upon them. Shake them a bit. Getting her salary may be very slim . Perhaps next time the company would be careful should they not pay salary to their part time workers. Just need one employee to lodge a complaint against them. Who knows the company has got a lot of hanky panky business

yeah, after read Sean's post, it reminds me of everything shud be proved by black n white. So ts, check again if any agreement u hav signed with the employer?