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

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SUSspanker
post Apr 8 2009, 11:22 AM

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I believe the labor law states that companies MUST give EPF contributions to their employee, contract or otherwise.
SUSspanker
post Apr 8 2009, 01:59 PM

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QUOTE(seantang @ Apr 8 2009, 11:46 AM)
A contractor doesn't always mean contract employee. It can be contract service provider or supplier as well.

I can contract someone to come mop the floor and wash the toilet everyday. That doesn't make that person my 'employee'. Its makes them a service provider like DHL or the auditors or my regular taxi driver. Contractors can technically be self-employed.
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In your situation, the floor mopper is NOT your employee. He/she is basically task based. In other words, the contractor is not tied to your company policies or resources nor report to a superior in that company, and is NOT a member of the organization. However, if you are employed by the company, even if it means it is a contracted employment, you are entitled to all benefits accorded to you by labor law (except things like gazetted holidays, termination or job security.


Added on April 8, 2009, 2:01 pm
QUOTE(cwtien @ Apr 8 2009, 01:44 PM)
Well, I can tell you in my first contract job (2000-2001) I did not get EPF - rather I got EPF factored into my package.

However, in my second contract job (2002-2006) I got EPF.

As for your question, any contract that breaks any law is automatically invalid....that's all it means.
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If you have EPF "packaged" into your salary, that means the employer did its part of fulfilling the EPF contribution (that 12%). It will then be your choice to put that contribution into your EPF account or not.

This post has been edited by spanker: Apr 8 2009, 02:01 PM
SUSspanker
post Apr 8 2009, 02:58 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?
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what I mean from your definition of "contractor" is that i just do what I am hired to do. If your company has the office hours of 8 a.m. - 5 p.m. I am not obliged to follow that, as long is I cleaned your toilet.

Basically, when you are employed by the organization, means you are a member of the organization. If your contract is a business contract (e.g. freelancing situation), and not and employment contract, that means you are not entitled to those benefits.

Perhaps this is what I should have said in the first place instead of complicating the situation smile.gif
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.
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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.

 

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