We had one salesman working with us for 8 months, still under probationary period. In June 2011, he resigned from the Company. His salary is >RM2, 500

In the Remuneration Part of the Employment Agreement, no commission related clause is stated. But verbally, we always say that only after Confirmation only the Company will start giving out sales commission.

Anyhow, in May 2011, we did inform him the Sales Commission Scheme via email (without writing the effective date).

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After his resignation, he wrote a letter to request the Company to pay back the sales commission during his service. In spite of the confirmation issue, the main reason the Company refuses to pay back is due to the poor performance of that salesman and 99% of the clients he was handling were given by the Company - he was merely doing follow-up.

Q:

1. After resignation, he wrote a letter to the Company, requesting us to pay back the sales commission. Does the Company have to pay back?

2. The resigned salesman is complaining to Labour Office. Is there a case?

3. If Labour Act 1955 the employees with salary RM1, 500, could this salesman file a complain at Industrial Court?

4. Is it justice for the Company not to pay back the commission?

Thanks for the reply!