Lawyer to file a case

You didnt make a police report.

No i did not make a police report because i was not having my passport with me if i go to police for to report they will bar me for illigal stay and over stay any my passport was not with me my passport has been taken my employer and kept him . he told he will apply wp and taken for stamping purpose

There is a saying

"Don't throw good money after bad"

Not wanting to be harsh but you broke Malaysian  Law and your employment was illegal. Surely your freedom is more important.

NOw is there any suggestion to resolve this

can i complaint to labor department in KL for that i need mail id for the labor office so that i can tell them all the things i under stand i was illigal there but my salary is still pending with the employer and my visa fee which i paid to the employer

They would be aware of the bad practice by the employer because thousands of people have the same problems as you.

Unfortunately you broke the law and therefore the law cannot be used for any remedy.

atlest can i make a complaint to the department i have the proof & witness so that i can show i was there for work but the employer has cheated me and taken my money also not gave salary and visa i can tell them all the things which i had faced there  with many problems .

The Royal Malaysian Police have an email on their website

There's also a commercial crime unit

http://www.ccid.my/en/contacts/

after coming back to india i had complained to the police mail id but i did not got any reply back from them till now

ok i will check out this thank u so much

The police will not respond. You are just passing your knowledge and documents to them as an informant.

They remain neutral and follow their standing instructions.

The aim of your report to the police should be to provide names and contact details of people, agents in Malaysia or India, and registered companies (employers) that are involved in hiring illegal workers. In some cases it is actually human trafficking.

i had contact the RMP
i got this reply from but i had already contact with the Indian Embassy and Malaysian Embassy also but i did not Contact with the HR Department in Malaysia i need address and mail id of Human Resource Ministry Of Malaysia . so that i can contact with this department with the mail id

E-mail Recently Received

Title Customer Feedback: Salary Due

I refer to the letter of acknowledgment relating to the feedback you've sir / madam Give dated 05.25.2018.

2. Here are the results of the investigation and action taken.

2.1. Please referred this matter to the Human Resource Ministry Of Malaysia or your Country Embassy for further action.

3. Any difficulties sir / madam natural regrettable and we will try to improve the service provided in the future.


Thank you.


"SERVICE TO THE NATION"


I who am following orders,


ROYAL MALAYSIAN POLICE



Thank You

This directory has emails http://app1.mohr.gov.my/staff/

(However, there was a new government just over 2 weeks ago so it might not be uptodate).

Check first under "Department"

ksm1@mohr.gov.my

Is this is the rite one to contact


Ministry of Human Resources
Ministry of Human ResourcesKementerian Sumber Manusia


AddressLevel 6-9, Block D3, Parcel D, Federal Government Administrative Centre, 62502, PutrajayaTelephone603-88865000Fax603-88892381E-mailksm1@mohr.gov.myWebsitehttp://www.mohr.gov.my/Hits18323FeaturedNoVisited2061

The Ministry of Foreign Affairs of Malaysia

Wisma Putra Complex
No. 1, Jalan Wisma Putra
Precinct 2,
Federal Government Administrative Centre
62602 Putrajaya
Malaysia

Telephone : 603-8000 8000

Fax : 603-8889 1717/2816

Email : webmaster@kln.gov.my

Website : http://www.kln.gov.my

If we do mistake without knowing the fact that dont know what happen for that we got punishment of ban for 5 years to enter in Malaysia . without salary, taken money for that we got puniched by the Govt Then y cant have punished the Employer

I have question

if the same did by the employer with knowing all the things even though we had made complaint to the police and Embassy why they did not take action

Police report is required. If there are several reports about the same employer then action may take place.

There is a difference between criminal and civil proceedings.

Work out how much you can prove you are owed*, and compare that to how much it will cost for a lawyer to make the claim.

*it is always going to be dfficult to prove if everything was cash.

There is no Police report till now am the 1st person to complaint on the employer
but the staff has suffered from the employer & one time staff has been given complaint
to the labor Department from the labor Department some officer had came to the Employer Office , that office had told to employer that visit to the labor department next with the staff Documents . But he went to labor office & he had told Lie to the labor office that the office had working as Trainee so there will be no Soco Mean (PF) . but got many witness to this Employer . i  have receipt the amount which i paid to the Employer for the visa purpose . and some live Witness

Yes you can't expect the employer to cooperate as that will always mean they would be admitting to irregularities.

Without a proper employment contract there is no proof you ever worked for the company. Immigration offences are more significant as there is an audit trail showing an individual's status.

You are an unregistered worker so there would be no Socso. EPF etc. So I am not sure what use it would be to make any claim to the Labour Office.

The receipt may not state the purpose of the payment.

I don't know how long you were working before you left. All I know is getting an EP can take up to a year as there were so many applications in 2016-2017 under the rehiring programme etc.

if u d'nt mind can u tell what are the proof required that i had worked with the company

Some paperwork that confirms the Terms & Conditions of employment.

i have a contract letter which i did not filled up and i did not yet sign
i have a conversion mails and chat between Employer & me which he states
that Employer asking Money from me
and i have attendance record with me
i have a client data which i worked with the client
i have people who saw me working in that company

mustaq7520 wrote:

i have a contract letter which i did not filled up and i did not yet sign
** So no valid contract

Contracts need to have a RM10 LHDN stamp on them to be valid. That is usually done after acceptance and before applying to immigration for employment pass.

You can of course pass all the correspondence to a lawyer to see if they think you have sufficient evidence of a claim for unpaid wages.

The employer had sent me the contract by mail . that i had told to the employer
i will come to Malaysia and sign the paper

I really think you have no chance whatsoever of getting any recompense.

i did not sign paper its still blank paper .
yes its in official paper from the employer
in that letter it has mention that employer
will not deside the salary.

Note:

This are the letter

SKS CONSULTANTS (M) SDN BHD(960373-T)
02-08, level 2, Wisma Tan Kim San 518A, Jaln Sultan Azlan Shah (Jalan Ipoh),
3rd Mile, 51200 Kuala Lumpur. Malaysia.
Email : info.sksconsultants@gmail.com Tel : +60-3-4050 1508
International Employment Program
About Us
SKS Consultants (M) Sdn bhd Malaysia is providing Solutions for Management and Accounting
software systems and Implementation services. Our Solutions are designed for small and medium
enterprises to Large corporate. Our support services are spread across Malaysia, Indonesia, Singapore,
Hong Kong, Taiwan, and other ASEAN countries.
International Employment Program
Our International Employment Program uniquely designed and developed which provides recruitment
solutions that enable our clients to overcome the complex challenges of managing talent acquisition for
their unique and specific requirements, in a marketplace characterized by massive demand and a dearth
of appropriate talent.
Program Features, Terms and Conditions
• International Job opportunity for selected candidates based in Malaysia
• One time Employment fees of INR 100,000/- to be paid in advance in full by cheque / Cash prior
to release of invitation letter. The fees are towards the initial expenses for the period of three
months stay in malaysia.
• Employment fees encompass Malaysia long term Visa processing, Malaysia Orientation Package
designed and facilitated by SKS Team and 60 days accommodation support, excluding Food
facility.
• Candidate will get facilitated for the suitable job opening and will get placed on job on-site within
a span of stay in Malaysia, based on the employer and the candidate’s willingness to work on the
offered job.
• On successful employment contract received by candidate, a normal work permit visa process
will be initiated. The Expenses of the work-permit-visa will be borne by the candidate and the
company equally @50% each.
• After successful completion of one year job tenure, candidate’s initial 50% of visa fees will get
reimbursed, if employed by SKS Consultants (M) SDN BHD. and the candidate completes the
tenure of 18 months under the employment contract the 50% of the initial expenses will be
reimbursed.
• Salary: Salary will be divided into two parts Monthly fix Payment Component and project based
Variable payment component.
o The monthly fixed Payment component will be decided by the employing company
depending upon the candidate Expertise and Experience.
o Project based variable Payment Component will be decided by the employer depending
upon the candidate Productivity and Performance.
Expression of Interest
If interested kindly send an email in the following format on the email id:
info.sksconsultants@gmail.com or sk.sksconsultants@gmail.com :
Date:
Dear SKS Team,
My name is Swapnil Gaikwad, Address:------------------------ and I am writing to apply for the
International Employment Program offered by SKS Consultants (M) Sdn bhd. I am expressing my
interest in the Program as I have read the Program Features, Terms and Conditions and I agree and
accept the same. I believe I would be a perfect fit for the position. Kindly register my name for the
Program and initiate the further procedure. Kindly treat the same as my official email communication.
Thanks & Regards.
Name & Signature (as seen on passport)

As you say, it is not a Contract of Employment

It's a Job Scam

If its a job scam i had worked 5 months and i know the office address and i know the office staff who had worked with me i know the company clients where i went for field work . if its a job scam employer would not give work me to work there but employer taken money and told u will get job offer letter and wp kindly wait . but i had worked 5 month and i got only of salary of 5 months only 1400 RM but the actual salary was
1700 RM/Month but not half of the salary i got .


when ever salary day come employer takes sign on pay slip and keep it with him when we asked about salary slip he tell its for office record.

The latest job scams are exactly as you describe. There are plenty of descriptions of people entering without a VDR (i.e. as a tourist) - never getting an EP (even after almost one year) - even having "income tax" deducted from salary (which went into the "employer's" pocket). Ending up being deported and banned. They all seem to be in the IT area. However, its the first time seen written that an upfront fee of RM6k was charged (that was the old style job scam)

Then why didn't you just wait for your EP, as requested? It might have saved you a lot of heartache.

in Malaysia i need mail id of the immigration department  to complaint on Employer
Where do need to report for the employer who hired me as illigel to work not paid the salary and  Work permit

and because of the employer passport got ban for 5 year destroyed my life

Thanks