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Can an employer refuse to pay the salary at the Labour Court if the labour officer ordered to pay to the employee

Ar
Member
Sun, 28 Dec 2014 06:07:34 PM  (Last updated: Tue, 30 Dec 2014 05:36:57 PM)

Dear Siew,

My friend have search advice from some bodies.

1)The related bodies advicer said that the employer can legally refuse to pay RM500 at the Labor Court because he is only work for 2 weeks? I mean that:" If the officer decided to give writing notice to the the employer to gave the salary amount RM500 instead the claim amount is RM600. Because the bodies said that he have met lot of cases like that?

2)Another one, the related bodies advicer said that if an employee didn't work more than 30 days, the employee aren't allow to report an cases at EPF or SOCSO? But I have enquiry the EPF  department and SOCSO, the officer said if got give salary, so must contribute the EPF and SOCSO. Plus: I remember that when I work with one company, the boss still contribute the EPF and SOCSO under his own lawyer advice to another resigned employee.

3)If the employer refuse the decision are made by Labour Officer. Do my friend need to attend to the High Court?

We all are confusing right now.  Have you ever met this cases like that?

Thank you.

KL Siew
Administrator
Mon, 29 Dec 2014 08:35:35 AM

1. If the employer is ordered by the Labour Department to pay, he must comply with the order. If he is not satisfied with the decision, he can appeal to the High Court. Otherwise, civil court action can be taken to recover the sum from the employer.

2. The EPF, SOCSO ruling is correct, contribution must be made as long as there is salary.

3. It depends whether he is required to attend or not.

Your friend can always follow up with the Labour Department as to the status of his case.

Ar
Member
Tue, 30 Dec 2014 05:36:57 PM
Originally posted by KL Siew on Mon, 29 Dec 2014 08:35:35 AM

1. If the employer is ordered by the Labour Department to pay, he must comply with the order. If he is not satisfied with the decision, he can appeal to the High Court. Otherwise, civil court action can be taken to recover the sum from the employer.

2. The EPF, SOCSO ruling is correct, contribution must be made as long as there is salary.

3. It depends whether he is required to attend or not.

Your friend can always follow up with the Labour Department as to the status of his case.

Dear Siew,

Thank you for your reply.

  This topic is closed