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concern!!!
23-01-2006, 09:57 AM
my friend just resign from a company..she need 2 months notice but her boss agreed to release her 6th jan.... anyway, right now the boss cancel her pay check for 1st - 6th jan as "compensate" for the company. is there anyway to sue this stupid company???

cherry
23-01-2006, 10:03 AM
Go to the labour department at Jalan Ampang to report this matter and get some advise on your friends rights.

Rocky19
23-01-2006, 11:09 AM
need some facts. Friend has resigned. ok. Has she given the 2 months notice or she is walking away immediately on her own? If the boss is letting her go although she wants to stay for the 2months, then the company needs to pay in lieu of the 2 months. Check her letter of appoinment. Get that and go to the labour office. She should not sign any documents at this moment with the company, especially those saying she agrees to forfeit the payments etc.

No need lawyer for now. But if they still refuse to pay her, then go to a lawyer. The company will be stupid not to pay her and rbing this to court as they will loose.

DatinLawa
23-01-2006, 11:54 AM
rocky's right. more facts needed.

1) she resigned and supposed to serve 2 months notice. did she write in to request for early release? if yes, what is the black and white reply? Did it indicate the last day is Jan 6th? if no and she didnt turn up for work after Jan 6th, she has to pay for compensation. please check offer letter.

2) if she has followed everything accordingly and the company simply refused to pay her for that 6 days, then go to the labour department to file your case.

remember, it's never easy to fight a company but if she's right and she has evidence, please pursue. never just let it be.

pcyeoh
23-01-2006, 12:09 PM
my friend just resign from a company..she need 2 months notice but her boss agreed to release her 6th jan.... anyway, right now the boss cancel her pay check for 1st - 6th jan as "compensate" for the company. is there anyway to sue this stupid company???
On the surface of it, your friend has a very good case. If she provides 2 month notice in writing and is asked to pack and go, this means that the company must pay her the 60 days. But get that agreement in writing. If the letter also mentions about the potong gaji part, then don't accept it. It is deem that the company has dismissed your friend and the company is not following proper procedure eg: show cause letter, proper hearing and ample notification. To be honest, it is not that easy to sack someone. Your friend has to lodge a report in the Labour Office within 30 days. I have this ex director of the Industrial Relations Dept who lives in my neighbourhood who charged, I believe RM 50.00 for that letter.

HTH
23-01-2006, 12:26 PM
is there black-and-white saying the company agreed to (early) release her 6th Jan? If no, then officially, she has to give 2-months notice.

tupai
23-01-2006, 01:26 PM
If she resigns without giving the 2 mths notice...then she needs to PAY the company 2 mths compensation...(unless the company is generous enuff to release her)

But if she wanna go like NOW (and without the 2 mths notice)...why should the company pay her 2 mths gaji buta? Gila punya company. :p

if both parties had an agreeemnt to giv each other 2 mths notice then it is a contract and if she wanna go with a vague letter that says..."..i hereby resign today...(without spelling out the 2 mths notice)" ...the company by accepting her resignation, can 'release' her without paying her the 2mths.

Am I half wrong or half right?

yang amat blur lato tupai :D

pcyeoh
23-01-2006, 01:33 PM
is there black-and-white saying the company agreed to (early) release her 6th Jan? If no, then officially, she has to give 2-months notice.
If both parties agree on this arrangement, then it is happy happy loh. I believe your friend intends to work for the next 2 months but the company she works for is afraid that during this 2 months period, she can cause havoc to the company is she is working for the competitor. Even if the company is willing to release her with FULL pay, she is not supposed to work for anyone for officially she is still under their payroll but work from home. I once worked in a multinational company whose MD left his previous company who was a direct and a fierce competitor who was willing to release and joined us. While physically he was with us, all of us were told that he did not exist. His ex company once a while would call my company and asked to speak to him just to trap him. If they managed to, then they will in return sue him for misconduct! Looks like Spy vs Spy game.

joker2107
24-01-2006, 12:55 AM
go 2 pekerso at jln ampang, kl (across d road from roadhouse grill, just b4 jln jelatek junction if u come from d city centre).

bring all documents along. d fellas there r friendly, knowledged, but also kind of overworked. but they will scrutinise yr situation n expalin your rights n options 2 u . if d boss was wrong, they will hang him by d hook n d claimant will be compensated. all foc, no rm50 4 pc's neighbour. but whatever is done, dont hide facts or tell untruths. pekerso tends 2 be sympathatic towards workers but dont let them lose faith in u.

AKIL
24-01-2006, 11:47 PM
there is a labor office in SJ at wisma tractors
you can complain there too

concern!!!
25-01-2006, 11:50 AM
my friend just resign from a company..she need 2 months notice but her boss agreed to release her 6th jan.... anyway, right now the boss cancel her pay check for 1st - 6th jan as "compensate" for the company. is there anyway to sue this stupid company???

actually to be precise..the situation is like this:

My friend resigned and requested to be released after 1 month. The boss agreed to release her within 1 month notice also, provided she dont clear all her remaining leave as a small compensation to da company...and its written in the letter of acceptance of resignation that her last day would b on 6th jan 2006.

However, the boss now refuse to pay her the salary for 1/1/2006 to 6/1/2006 saying that it would b treated as the compensation for the company. The worst part is that the boss said he had a mutual agreement with my fren earlier regarding the compensation, which my fren is not aware of..

Sentinel
25-01-2006, 11:58 AM
my friend just resign from a company..she need 2 months notice but her boss agreed to release her 6th jan.... anyway, right now the boss cancel her pay check for 1st - 6th jan as "compensate" for the company. is there anyway to sue this stupid company???She needs 2 months notice but is she entitled to this in the first place?The right place to be is the Industrial Relations Department at Wisma Perkeso along Jalan Ampang. :rolleyes:

TepenPucong
25-01-2006, 12:37 PM
Before deciding to go and make a report to the Labor Office, make sure you know which Labor Office that you should go. There are branches of these offices in the mentioned Wisma Perkeso (in Jalan Ampang KL) and Wisma Tractors (next to Subang Parade).

However, where to make report is depending on where is the company location. If company address says it is in KL, then go to Jalan Ampang. If Selangor, you can go to Wisma Tractors or others branches nearer to you. Refer here (http://jtksm.mohr.gov.my/bmver/pejabat_negeri_dan_cawangan_jtks.htm) for the branches available.

tempuadua
31-01-2006, 08:21 PM
my friend just resign from a company..she need 2 months notice but her boss agreed to release her 6th jan.... anyway, right now the boss cancel her pay check for 1st - 6th jan as "compensate" for the company. is there anyway to sue this stupid company???
I noticed that you used the word "AGREE". Did the boss "agree" to release her on the 6th Jan because she REQUESTED for it? If she requested to be released on the 6th Jan, then I am afraid she has no case against the boss. There are cases where employee make a request to the company to release them "as soon as possible", even though the employee is suppose to serve 2 or 1 month notice, to enable them to join another company. If the company agreed to such request, it is not open to the employee to demand the company to pay their salary for the rest of the notice period.

Rocky19
31-01-2006, 09:28 PM
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actually to be precise..the situation is like this:

My friend resigned and requested to be released after 1 month. The boss agreed to release her within 1 month notice also, provided she dont clear all her remaining leave as a small compensation to da company...and its written in the letter of acceptance of resignation that her last day would b on 6th jan 2006.

i suggest you get more details before we give advise as the initial info was very different from this one. anyway she needs to pay compensation if she wants to leave early, in this case 1 month minus the leaves the she has.if leaves is not enough, she has to pay cash. Ask her to sort the details with her boss but my guess is the boss/firm is following the rules.check if the 6 days salary is due to her or offset against her in lieu payment. and if she accept, means she signed something, well at least she is learning some valuable lessons from this.

sinleong
05-02-2006, 12:39 AM
If your friend resigns, she has to give the company 2 months notice (or whatever period stated in employment contract). In lieu of the notice, she can pay the company 2 months salary. If the company allows her to leave earlier than 2 months, the company does not need to pay her anything.
I think it's not fair for the company, if an employee decides to resign and she can dictate to the company how much the company should pay her in lieu of the notice period.

The company only needs to pay the employee if the employee is terminated, and if the company decides to pay her salary in lieu of the notice period.

it's too early to get a lawyer. visit the labout dept first and see what they say.