Brief history :
I was contacted by my payroll company for a role in client location. They call me here in Malaysia (tickets booked by them) on 17th December 2022 and my project started on 20 Jan 2023. they started paying my salary from 20 Jan 2023 onwards.
Hence I had not received my salary for December 2022. In October 2023, client suddenly ended my contract ( along with many others). However I received my salary for October and November month. When I asked them for my December 2023 salary on 8th of January 2024 I am told that I will not get my December month salary as I was not part of any project.
By this time I was very low on money and had many expenses like I applied for dependent pass and had to book flight tickets for my family. I had to pay room rent for January month. I had to pay some amount to my flat I booked in India last year.
they gave me an option to take advance from my salary, but I wanted my salary. As I have limited capital, I had to return back to India.
consequences :
1. I was assigned a new project in new client location. I went to office from 2nd Jan 2024 to 5th Jan 2024. I requested for emergency leave on 8th January 2024. and contacted payroll company for the salary and later sent a mail on 9th January 2024. we have discussion on 9th and 10th January. On 10th January they told me to not go to new client office on 11 January 2024 and later they replaced me with someone else for the project. It feels like i am being punished for asking for my salary.
2. I was unable to pay January month rent and not sure if I could pay future rents so I had to cancel the contract with my flat owner. and return back to India. They are still accessing the condition and may deduct more money due to me being unable to pay Jan month salary and giving them only one month notice.
3. I don't have enough time to find the another job, also I have not received any documents or any type of official commitment on it so far.
4. I am updating my resume for another job, but I will have to remove my work experience I gained in Malaysia, as I am yet to receive these documents (NOC, Reliving letter, full and final settlement etc.) which will result in gap in my resume and loss of a year worth of experience.
5. Unable to pay for my flat I bought in India, which will result in additional payment as interest.
6. I can't resign because as per the contract if I resign, I have to pay 2 months' salary. and they don't care to release me as they are saying they are not obligated to pay me my salary if there are no client engagements.
7. Had to cancel my plans to bring my family in Malaysia.
8. They even told me that now I have to pay my taxes even they have deducted my taxes from my salary every month.
Now,
1. I am wondering if they can deny my salary if there is no client engagements? While joining they told me orally I will get paid even there is no project.
2. Can they force me to pay taxes even they have already deducted it from my salary. If i Complain in LHDN, will they consider it?
3. Can they deny my documents like reliving letter, NOC etc.? What are the chances i can get them if I go against them in court and present my case through a lawyer?