My friend is a Filipino, IT specialist working in Malaysia. His company didn't give him salary since May 2009. On July 15th, the company emailed him saying he got 30days to find another job due to global recession. But until now my friend didnt get his salary yet. He compalins to Malaysia Labour already. But how long will be the processing, and is there a possibility that he can get his salary from May, June, July & August? Thanks...
Malaysia - 3 Answers
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1 :
Hi There, Your friend can complaint to the Industrial Relations dept. Labour law is more for income less than RM4k per month. Sad to say, as an expat, your friend might have greater difficulty to get his salary back. This is because labout law takes 3-6 months before any action taken. Your friend has to call and follow up regularly. As for Industrial Relations dept, it may takes even longer. One of my friends took 3 years to settle her case. It's better to negotiate with the company HR manager for a settlement and inform the HR manager that a complaint has been launch to labour law. Your friend should visit labout law office to follow up. However, it will be more difficult because he's not Malaysian. Good luck!
2 :
Normally when a complaint is lodged, the labour office will call up the company to seek a win-win situation between the employee and the employer. If this fails, then a file will be opened. It will takes between two weeks to four weeks for an action to be taken. Of course this is depending on the officer in charge. If your friend have heard nothing from the labour office nor the company, ask him to follow up with the labour office by giving his file reference number. Your friend has the right to his unpaid salary. I think you must be a Malaysian, i am sure you know that officers in most government offices are slow or not paying much attention in their works. Many will take complaints from foreigners as not urgent and therefore things get delayed. I believe this is exactly what your friend is facing now. If you were a Malaysian, i suggest you accompany your friend to the labour office to check on the status of his complaint. On another note, i am not sure if your friend was legally employed or not, if he was not, then your friend would most probably wont be receiving his unpaid salary again. Call the officer in charge of the file and then make a visit to his/her office. Put some pressure on him/her, otherwise this matter be dragged and dragged until your friend gives up. Your friend had work for that company and he deserves to be paid.
3 :
During the economy downturn, many companies resorted to such dirty tactics to dismiss employees without paying salaries for several months. These blood sucking companies knew very well that they will not be penalised by the Malaysian labour authority. They are experts to handle the enforcement personnels from the labour ministry. Your friend's complaint will not be process soon because there are many pile up cases unsolved yet or are on the waiting list to be processed. Many cases take years to process and without result. Therefore, don't expect a fast solution to solve your friend's unpaid wages.
