Issues with employer - seeking for advice

Last activity 10 July 2020 by toadbaron

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toadbaronNew member10 July 2020 06:12:10

Good day to everyone here!

I am having issues with employer, and asking if there is someone who can help me or what can I do legally. Articles on the internet have been controversial so I came here. Seeking advice of good folks (preferably lawyers over here).

Initial remark - I have no money to pay to those who want to profit on someone else's trouble.

I came to Malaysia in 2018 and I managed to find a job. At a time I thought that I am a winner of a lucky ticket since I wanted to stay here cos I've met someone. Please, avoid scolding me for my own bad decisions, I should not have entered in this in the first place. I know it is my fault also for being such an easy person.

I have signed the "contract" (later I have found out that it has to be stamped also, some green stamp which is not there) in May 2018. Verbally, I was promised that I will be employed in June 2018. In fact, it took me 4 months of visa-running back and forth to neighbour country.

Verbally, they have promised me reimbursement of all the money I spend during this trip. (I do not have recording of this). I have spent about RM25k for that. When it came to compensation, I hardly managed to get RM800. What I have is history of e-mails and WhatsApp chat. Most important things were said during WhatsApp calls, which I have no ability to record. However, I still have some scanned documents, e-mails, chat histories and video captures with me to use as proof to what I am saying.

Moving forward, I did my visa running and got employed. During this time, I have faced insults, latent and direct threats, (I have couple of e-mails and videos on this), sometimes my salary was delayed up to one month. Payslip was also delayed all the time, for example payslip for May 2020 can easily be sent on June 2020. Payslips contain 'PAYE' as tax deduction. My salary was a bit over RM5.5k + allowance.

Right now, my contract, thank God, is over with them (end date is 3rd JULY 2020), and I have not been paid for JUNE yet! HR of the company says that the salary for JUNE is held because I need to do Tax clearance. In my understanding, salary for JULY has to be held (2 days of JULY + unused annual leaves + additional payments for me working on holidays). Chatting HR makes no difference.

What can I do in this situation?

Thanks.

ladivo779Guest10 July 2020 06:35:10

214245

Seek legal advice. However, if you proceed then expect to spend a lot.

toadbaronNew member10 July 2020 06:47:16

Thanks for input.

Is there anything I can do myself?
Or is there any agency for such cases?

I have been reading tons of articles on this topic already and I have came to conclusion of visiting:
- Labour Department (but I am not an employee according to Malaysian law, right?)
- Industrial Court

What I am seeking for here is experiences/guidance/help/advice from other people who have more experience than me.

ladivo779Guest10 July 2020 07:24:18

214245

In my humble opinion, proceeding in any legal action will take time and possibly cost and a lot of stress and headaches. Taking it to a tribunal or whatever with put you on bad terms with your former employer. You appear to have about 11k tied up with your former employer which is not a fortune and I do not know the procedures for paying salary tax etc. I would clarify with the employer the precise procedure and time scale before you get what is owed to you. And I would keep on good terms with them. Have you calculated how much tax you will probably need to have deducted? I did live in Malaysia for 12 years but I never worked while I was there. Hopefully you can get a better answer from those who work in Malaysia and have faced similar problems.

toadbaronNew member10 July 2020 07:30:41

Thanks, Shill88,

> Taking it to a tribunal or whatever with put you on bad terms with your former employer.

Aren't they putting me on bad terms with them acting in this way? It seems to me that they can do anything to me in any possible way, but I am the one who has to care about being in "good terms" with them. 16th century, age of slavery..

> You appear to have about 11k tied up with your former employer which is not a fortune and I do not know the procedures for paying salary tax etc.

I believe it is about 5500+ for June and about 1k for July.

> Have you calculated how much tax you will probably need to have deducted?

Each of payslips which I have has 'PAYE' deduction, roughly 300RM each month.
How do I calculate that tax, which 'probably need to have deducted'?

> Hopefully you can get a better answer from those who work in Malaysia and have faced similar problems.

Thanks anyway.

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