An employee had tendered a resignation letter dated 30th Sep and given 18 days of notice to the former employer (a bank). Before tendering the resignation letter, the employee had checked through the HR system and noticed that the remaining annual leave was left 9 days. So total all together that would be 27 days of notice, however, the employee is suppose to give 1 month (30 days) prior notice to the bank. The employee understood the bank process that the bank might hold or to calculate the final payment to the employee and that might take up to 1 month. The employee last working day was on 17^th of Oct, and expected to receive the final payment on somewhere in November. Basically, a bank will pay the salary on time (every 25 th of the month) with accurate amount. On 25^th of Oct, the employee received his salary in 1 full month payment, and the employee thought that the bank maybe had waived the difference of 3 days and paid the employee in full month salary. Everything goes fine until the following month (25^th Nov), the employee received additional of 1 month salary in the bank account. Days later, the employee received a call from his former branch manager, and asked “on when you had tendered your resignation letter?” The employee was shocked when heard of this question, and the employee had mentioned the truth regarding the date of resignation and duration of period given to the former branch manager. On 16^th of Dec, the employee received a letter from the bank regarding the acceptance of resignation and mentioned that the actual balance of annual leave was only 4 days, and given 12 days short of the required notice, of which the employee are liable to pay in lieu. On 11^th of Jan, second letter from the bank had delivered to the employee and asked the employee to pay back 2 months’ salary to the bank within 14 days. Moreover, both letters were wrongly addressed the employee’s title as MS instead of MR. The employee had attached both letters from the bank for reference at below. Understand that according to the Malaysia Employment Act of 1955, under clause 24.2, it shall be lawful for the employer to make the deduction of wages. But there are a few queries would like to ask as below;

1. Under the clause of 24.2.a: the definition of “employer” is referring to current employer or former employer?
2. Under the clause of 24.2.a (Part IV- Deduction from wages): deduction from wages is no longer applicable due to the employee is no longer working with the former employer. Is this clause considered void?
3. A bank/financial institution is always known as a professional industry had did such a miscalculation on the payroll towards their employee/former employee, and the employee had even given the notice to the bank in written and still the former branch manager had called up to asked regarding the date that the employee tendered the resignation letter, can this issue to be file to Bank Negara Malaysia?
4. Also the employee had prepared that the bank might hold the employee’s salary in order to calculate the final salary payment; however, the bank did not do so. This accuse had to bear by the employee as well?
5. As mentioned, the employer is known as professional industry and had wrongly addressed the employee’s title; can the employee call this as defamation/offence from former employer?
6. Is there any clause(s) that the law can protect for the employee’s right? As this is very obvious that the bank had did a huge mistake and with that request of pay back will result the employee’s financial budget not in order. Meanwhile, it created panic and worried to the employee regarding the pay back from the former employer.

Note: The bank not only miscalculate/overpaid to this employee only, and it applies to other employees who had resigned on the same range of date as well, and some employees even received annual bonus during the beginning of the year.

Kindly assist and advice,

Thank you.