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 Contract Job do not hv EPF & SOCSO?, Is that valid?

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TSrexis
post Apr 8 2009, 03:20 PM

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QUOTE(seantang @ Apr 8 2009, 02:37 PM)
So, in your opinion, anyone whose work:

(a) is not task based (what does this mean? At the end of the day, work is simply a series of tasks, no?)
(b) is tied to company policies or resources
© reports to a superior in the company
(d) is somehow a 'member' of the organisation (what does this mean anyway?)

- is defined as an employee?
*
Thats the thing, if say only employee can deserve it, the next thing I will see is the employer digging into the legal dictionary to define what is employee. I have in no position to deal with that kind of legal knowledge or argument.

All I know, I work for you, and you pay me salary and EPF. It is not up to what the contract say it if it is about the law, nor the contract can state that you can burn down your clients' houses if they make late payment and you can go and burn people's house.

This post has been edited by rexis: Apr 8 2009, 03:22 PM
sukhoi35mk
post Apr 8 2009, 03:50 PM

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it is depend to the contract term and condition. In my company, all contract staff must register their own self proprietary company. In this case, my company is dealing with registered self propreitary companies instead of individual contract staff and we are paying the consultancy fee instead of salary to contract staff. In this case, we do not pay for EPF, SOCSO, no MC, no AL.....
SUSspanker
post Apr 8 2009, 05:06 PM

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QUOTE(rexis @ Apr 8 2009, 03:20 PM)
Thats the thing, if say only employee can deserve it, the next thing I will see is the employer digging into the legal dictionary to define what is employee. I have in no position to deal with that kind of legal knowledge or argument.

All I know, I work for you, and you pay me salary and EPF. It is not up to what the contract say it if it is about the law, nor the contract can state that you can burn down your clients' houses if they make late payment and you can go and burn people's house.
*
rexis, there really is a definition of what constitutes an employer and employee in the labor law. I suggest you look it up as well. I used to have a copy of it on my other laptop. Sorry, you'll just have to dig it out somewhere on the internet smile.gif

I think malaysianbabes.net (or some lame site like that) has it.
TSrexis
post Apr 9 2009, 09:39 AM

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And I found this:

QUOTE
v “ Employee” under the Act means:
Ø any person whose wages does not exceed RM1500.00 per month under a contract of service with an employer.

Ø any person who irrespective of the wages he earns in a month has entered into a contract of service with an employer and disengaged in:
- manual labour;
- engaged in the operation of mechanically propelled vehicles.

Ø one who supervises and oversees employees in manual labour.

Ø any person engaged in any capacity, in any vessel registered in Malaysia with certain exceptions.


QUOTE(sukhoi35mk @ Apr 8 2009, 03:50 PM)
it is depend to the contract term and condition. In my company, all contract staff must register their own self proprietary company. In this case, my company is dealing with registered self propreitary companies instead of individual contract staff and we are paying the consultancy fee instead of salary to contract staff. In this case, we do not pay for EPF, SOCSO, no MC, no AL.....
*
In this case, the proprietary company need to bear the EPF, etc cost.

This post has been edited by rexis: Apr 9 2009, 09:52 AM
chilicandy
post Apr 9 2009, 09:46 AM

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If i am not mistaken, a company has the right not to contribute to EPF if they have less than 5 staffs working with them.

And why want SOCSO ? That is one really BS insurance scheme that dont really benefit us.

Because it only covers ' working hour '... all those non working hour, for example while travelling to work, or maybe you worked late one night and boss ask you to go buy something and accidents happens. You don't get the socso coverage at all.
( thats what happens to my bro. )

I would be glad if there's no SOCSO deducted from my pay. Its much better to put the money in personal life insurance.


TSrexis
post Apr 9 2009, 01:31 PM

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Reducing basic benefit is certainly not something encouraging, sometimes, it can be translated into tactic to cut staff.

I was on probation, and due to the reason I mentioned on another thread, I am demoted to contract staff.

QUOTE(chilicandy @ Apr 9 2009, 09:46 AM)
If i am not mistaken, a company has the right not to contribute to EPF if they have less than 5 staffs working with them.

And why want SOCSO ? That is one really BS insurance scheme that dont really benefit us.

Because it only covers ' working hour '... all those non working hour, for example while travelling to work, or maybe you worked late one night and boss ask you to go buy something and accidents happens. You don't get the socso coverage at all.
( thats what happens to my bro. )

I would be glad if there's no SOCSO deducted from my pay. Its much better to put the money in personal life insurance.
*
Why not? And it is not because of the "BSness" or how cheap of it, it is our right. Its like I say, "Why we need IC? I dont use it most of the time and I rarely use Touch n' Go anyway!"

Not everybody sit inside a comfortable office block, I have 5 tons metal plate hanging up and down beside me, you will be looking at a spagetti paste if any of these fallen off the magnetic hook.

And do you think work place is safe? I had an ex-colleague slipped and hurt her neck in the office, she has been fully covered by SOCSO for all her medical needs plus one year of paid sick leave so she can focus on her treatment.

This post has been edited by rexis: Apr 9 2009, 01:32 PM
chilicandy
post Apr 9 2009, 05:15 PM

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QUOTE(rexis @ Apr 9 2009, 01:31 PM)
Reducing basic benefit is certainly not something encouraging, sometimes, it can be translated into tactic to cut staff.

I was on probation, and due to the reason I mentioned on another thread, I am demoted to contract staff.
Why not? And it is not because of the "BSness" or how cheap of it, it is our right. Its like I say, "Why we need IC? I dont use it most of the time and I rarely use Touch n' Go anyway!"

Not everybody sit inside a comfortable office block, I have 5 tons metal plate hanging up and down beside me, you will be looking at a spagetti paste if any of these fallen off the magnetic hook.

And do you think work place is safe? I had an ex-colleague slipped and hurt her neck in the office, she has been fully covered by SOCSO for all her medical needs plus one year of paid sick leave so she can focus on her treatment.
*
Probably i should have mentioned, 'except those high risk workers'.
You see, throughout my years of employments in many different companies, there weren't any single SOCSO claims. Even through friends of friends.
Yeah, most of the environment are rather safe, which is why i felt SOCSO never really play any part.

In one of my ex company, in fact my admin manager took PA Insurance scheme for us. It was much cheaper and not deducted from our salary.

So, i felt a lot of our SOCSO deductions are really like charity.
Why i think Personal Insurance are much better ?

Because certain policy gives full coverage and hospitalization benefits, and some even investment opportunities.
I just felt that those who took personal insurance should be given option to be exempted from these SOCSO contributions.

 

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