Home / Malaysia Employment & Labor Law / Benefits, EPF, Pensions & SOCSO Employer Not Paying Salaries, EPF & SOCSO Urgent

Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Frustrated I have worked fro this company for 3 years. Off late, our salries was not paid since Jan 2005. I got a rude shock to learn that the same company was not contributing to my EPF & SOCSO sine July 2004. This was when I receive my KWSP statement for year 2004. I was not informed of this by the Management and the deduction are reflected in my payslips. I left the comany in May. Till date (which is after more than one month) they still fail to settle my outstanding payments and contributions to other entitlements. The amount due is more than RM 10K. The boss is avoiding contact and blames it managers for inefficiency. I am seriously considering legal actions. But I know that the comapny will not be able to pay up. They have legal cases themselves. At the same time I would not be able to pay up a costly legal fee. I would appreciate any advice on how I can demand my salries back and/or other contacts that would be able to help me. Officer in KWSP and the Human Resource Ministry are not replying to me. Thank you very much for your time and advise. 12 Jul, 2005 12:03:41

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) LoyerBrook The best and cheapest ways are: You should PERSONALLY SEE (not phone0, Report and WRITE IN BLACK & WHITE ALL your grouches to EPF, SOCSO, Labour Department or Industrial Court then, you will see the results. 12 Jul, 2005 20:59:06

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) LoyerBrook LoyerBrook Thank for the prompt reply. My main consideration right now is that the company wil use the excuse that they are in no capacity to pay up. The company is not progressing or winding up. they are merely 'hanging'. By going to the labour office, does it guarantee any pay up? I am not asking for more or compensation. Just what I am entitled to and what I had worked for. I am aware that some previous staff filed a complaint against the company and they have yet to be paid How much would it cost to file a complaint with the Labour Office? Any idea? Thanks. 13 Jul, 2005 09:58:18

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) LoyerBrook You should take the time to complain to all the said departments and seek their further advice. They are well trained to tackle nasty bosses. Their services are free of charge. 14 Jul, 2005 13:01:16

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Kabra Are you looking for other to handle your claim? 18 Jul, 2005 12:45:23

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Frustrated Dear LoyerBrook, I am still stranded with my case. I have made the necessary complains to the Labour Office. However, the ex-employer is not attending to any if the meeting with the officers and had given written promises of payments which were being deferred and postponed for more than 3 time till date. It has been 4 months now since I have reported the case. I am very fustrated with the sticky situation as I am working and it is difficult for me to just take days off to attend to apointments with the Labour Office officer without the employers being in it. I was told by the officer in charged that he could not bring the case to court as the employer has yet to sign the summone document. I am left baffled as there is no way the officers can force them to be present at their office and they do not do site visits. So what am I to do? Is this a loophole as if the empployers are not present the case would never ever be mentioned in court? Please shed some light. Thank you. 30 Mar, 2006 17:12:12

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Frustrated Dear Kabra, Are you a councillor? The Labour Officer just told me that I wil have to get a lawyer on my own when the case is being mentioned in court. I thought legal assistance would be supplied by the Labour Office itself. If you are interested, please reply. This case shall be mentioned with other claims filed. Thank you. 31 Mar, 2006 09:36:13

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Novice My understanding is that non payment of EPF is a serious matter. EPF has wide ranging power to charge directors of the company at their personal capacities. I further believe that this can result that the directors be "blacklisted" and unable to travel out of the country. You may refer your matter to EPF if you have not done so. I shall be surprised if EPF does not act as it is duty bound to act. 03 Apr, 2006 10:09:35

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Frustrated Dear Novice, I have made the necessary complains to the Labour Office, KWSP and SOCSO. KWSP will only help me to solve the outstanding EPF monies owned. It is the Labour Dept I am having doubts with. I am told that my case will be mentioned in the session court and therefore, I will have to find a legal representor of my own. The whole world is telling me that all labour cases solved by the Labour Office will not inccur any legal fees but now I am faced to get and pay for my own lawyers? I am stunned to learn that I have to pay to stand up to my principles. Money owned to me is 5 figure and would end of the day go to the lawyers. But I am here to seek justice not others. The labour office has also been sitting on my case for 5 months. Being frustrated with the ex employer I am now also very frustrated with the Labour Office in handling my case. They are siding the employers more than the victim. Sigh! 04 Apr, 2006 20:41:38

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Frustrated Puan Ira, As the Senior Expert Moderator, don't you have any comments or ideas to shed on this issue? I would appreciate if you are able to shed some advise on my sticky situation. Thanks. 07 Apr, 2006 15:25:25

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Stranger I admit I may not have all your material facts as I only glanced through the postings. My impression is that your real concern is to pay for your expense to get your own legal representation. I see there are 2 possibilities: (a) to rely on government authorities to exercise their statutory duties, or (b) to get your own lawyer to represent your interest. The possibility (a) would be ideal if government authorities do work with the effectiveness you are expecting. Most people believe this is a wishful thought. You may take your case further, for example, by referring to various government machineries like Public Complaint Bureau. Most think this is a slow and time consuming process. Getting your lawyer to seek judicial redress does cost money. You may get benefit from the faster settlement and get better protection of your interest. Your case seems to be rather simple and speedy decision is expected. When you get your judgment, you are likely to get some compensation (though it may not 100%) to defy your legal expenses. I suppose it is good for you to have the mindset that you are the master of your own affair. Make your own decision after you have evaluate your options, and accept the consequences yourself. It is a wishful thought to expect others jumping to your help while you are holding on to your wallet. 09 Apr, 2006 13:27:47

RE:Employer Not Paying Salaries, EPF & SOCSO (modified 0 times) Novice Your posting is rather confusing. I assume it is your English. Your case is straight forward. You are claiming your former employer has failed to pay you your salary and the contributions to EPF/Socso. Labour Dept and EPF are duty bound to take up your case against your former employer if they (your former employer) cannot show proof they have such payments. There is no requirement for you to appoint your lawyer since you are not a litigant in that legal suit. There is nothing to stop you to take legal action against your former employer. If you are unable or unwilling to handle your own case, then you may need to get a lawyer to represent you. In this case, you would need to pay your legal costs. Your legal costs should be recoverable, though it may not of the full amount, when you get judgment in your favour. You should realise that this is your own matter. It is your own decision how you want to protect your own interest. Seeking professional advice may solve your problem faster and better than relying on comments from this forum where the credential of the information provider is unknown. Time delay is not working to your advantage. 10 Apr, 2006 03:11:39

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