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Staff MIA with My Office Keys

Sukhy
Member
Thu, 12 Mar 2015 08:21:35 AM  (Last updated: Wed, 18 Mar 2015 03:19:42 PM)

I hope somebody can give me a helpful insight on how to tackle the problem.

My employee leave was approved for 5th of March but she stopped coming to work since 6th of March without giving me any reason to her absence.On 9th I tried contacting her to return the office keys and she told me she will return to work on 10th of March. However, when I came to work on 10th of march I realise her things were no longer in my office. Upon checking my cctv, I realise she had come on 9th March 11.30pm with her bf to collect her things. On 10th morning she sms-ed me to inform that she will pass the keys to my other staff without telling me anything. Per agreement, she is suppose to give me 1months pay. I consider that she has self resigned because she told me she got a new job and wont be coming to work anymore. I have lodged a police report against her due to the reason she came to my office on 9th March midnight without my consent. I have sent the copy of police report as well as a letter via Pos Laju demanding for compensation due to her 24hrs exit without any letter. Is this the only thing I can do? I gave her 14 days to pay up the sum.

She send me a sms saying that she left due to work cause her pay was not enough to cover her monthly expenses and she has gotten another job elsewhere and I know she hasnt started working. She has also told me not to call her and scold her as she has a lot of problems to settle.She was all in all rude. Never apologise. I am honestly frustrated because I treated her well and was never rude to her.

I know if she doesn't pay the sum I can place a report in the Labour Office. My concern here is EPF. When she was under probation in my agreement it was stated that EPF wont be cut until confirmation. She was confirmed after 3 mths and I started cutting EPF for her. She has been working with me for 6 mths.Can this beused against me? What else can I do? I'm all out to go teach her a lesson.

Please advice. Any advice will be appreciated.

KL Siew
Administrator
Thu, 12 Mar 2015 09:34:57 AM

Since you know you can place a report at the Labour Office, just go ahead with it. Let the department look into it. As for police report and EPF, matters can be left with them to take action.

Sukhy
Member
Thu, 12 Mar 2015 10:10:46 AM

Hi KL Siew,

Thank you for your reply.

Meaning I don't even wait for 14days for her to remit payment? My concern here is if EPF fines me, I'm not sure if they will since it is stated in the agreement no EPF cuts when under probation.She will be receiving the letter today. Up till now no resgination letter or even a sms that she has passed the keys to my other staff.

KL Siew
Administrator
Thu, 12 Mar 2015 10:57:46 AM

Yes, you can wait for her pay up. Bring up matter with the Labour Office can be time consuming. As for no EPF under probation clause, that clause as far as I know, is not valid.
 

Ar
Member
Wed, 18 Mar 2015 03:19:42 PM

Hi,

Why are you not contribute to EPF to her?

According to EPF Act, employer Must contribute EPF to the employee under probation.

Even you have stated [the agreement no EPF cuts when under probation.] is illegal.

So it can be consider you(employer) broke the contract. So you want to teach her a lesson?

Even if you treat her well, but on the view of employee side; you are the boss, should be smart and intelligent, shall be get all the government acts plus your consultants firm before you open the business. If boss act such this, It means you knew the acts but your action illegal.  Why don't I just fly to overseas get a high pay job. I'm rarely being bullying by the non Malaysian.

I don't understand why today employer like to no cut EPF under probation as today is very very very easy to pay the contribute. You just sitting in front of your computer, click your mouse, then all done in not less than 5 minutes.

Just remember, if you open business in the Hong Kong, Singapore, each countries also same with our countries, each employer shall contribute EPF to their employee.

Then I have one suggestion, you must contribute back the 3 months EPF and ask her pay you indeminty. You may check the EPF website, the EPF website the clauses should contribute EPF if the salary amount is more than RM10.

For my third party side, you as an employer don't contribute EPF is wrong on acts. She took your office key is wrong.

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