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sweet-n-evil

A series of unfortunate events

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I took employment law as one of elective units in my university years. I was full of passion and strongly believe in justice. I wan to know all my rights and hoping that I will not be bullied when I enter into working world. However, it is not the case. All my colleagues are being bullied and forced to resign and the company is withholding our paid.

There are so many things happened in just one month. All of us are so tiring, mentally I mean.

The whole incident started during the beginning of October. On the 6th October, as usual, we were returning to work after a long Raya holidays without knowing a series of unfortunate events waiting for us. The office door was locked and dark inside. Form the glass door, it seems like the office just been robbed. Then we saw a notice on the glass door saying office will be closed for 1 week and all employees are requested to report for work on 13th Oct. In the notice, it also stated if we have any queries, we should call one of the Board of Directors but so ironically, he never pick up our calls.

Subsequently, we returned to office on 13th Oct. We were so shocked to see our ex-colleagues and 4 special investigators in the office. We were being told that the CEO and GM were suspended for investing purposes. The company still wishes to continue the business, therefore, a new management team is brought in. Our ex-colleagues – Mr. A and Ms. J, of course, became the new management. Knowing the history behind 2 of them, we, as a group strongly against this arrangement. We were being told by the new management that we may collect our personal belongs and leave the office after individual interview session. Isn’t that funny, if the company still wish to continue business, then why should we pack our personal belongs? Unless they are trying to tell us ‘we will continue but not with you guys’ indirectly.

As some of the staff were on MC and the rest were all afraid due to the unhappy event, we didn’t turn up for work the next day.

We returned to work on the following day and the door was locked again. Ms. J turned up late (we start work on 9am but she turned up on 9.20am. Oh well, the new management style). We were instructed to sit in the conference room and 2 security guards were placed outside the conference room not allowing us to leave. We felt like we were being treated like criminals. The new management did not tell us what’s going on and they just kept us waiting. What were we waiting for? No idea. They didn’t even want to talk to us. After an hour time, the special investigators turned up and requested us to re-fill the questionnaire which we already did on Monday. We then told to leave the office again and report for work on the following Monday, 20th Oct. To protect ourselves, we asked for a notice or memo indicating staff do not need to work during the 3 days. Mr. A, the new management told us not to make an unreasonable request. According to my knowledge, this is a very legitimate request. We also asked questions such as if the company wishes to continue business, then we shouldn’t stop operating, but Mr. A replied with his standard and famous answer – “I don’t know”.

Never mind, we still turned up for work on the following days but office was closed. Again, 2 security guards were placed outside the office doors.

As instructed, we returned to office on 20th Oct. We were locked out from office and told to wait outside. We had waited around an hour time and Mr. A came out to issue 4 of us (we have 8 people) a suspension letter.

No reasons given and also indefinite. As an employee, we have legitimate right to know why we were being suspended, but Mr. A, again, replied with is his famous answer - ‘ I don’t know’. Alright, the new management will suspend staff whenever he likes.

For those who did not suspended on 20th Oct, were subsequently suspended on 22nd Oct. No reasons given and also indefinite. The rest of the staff were too afraid and resigned.

On 23rd Oct, we all headed to office to hand in resignation letter but Mr. A refused to acknowledge receipt of our letter, instead, he wanted us to post the letter. I wonder what is the difference between hand delivery and register mail.

Last day of the month is always a looking-forward day for all of us because salary will be issued. However, Mr. A refused to issue salary. We had lost count on how many calls we had made to him and SMSes that we had sent. He never replied. Well, he did pick up our call once, he said he was with client and will call us back but guess what, our sources told us that Mr. A was in the office whole day. Obviously he refused to issue salary. A memo was issued on 15th Oct stating that salary will be paid but apparently that’s a lie.

I never thought I will experience a series of unfortunately events like this. I started to question, is justice really exist? Is law only protecting rich man? Enlighten me please.

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Hi,

I am working as an HR professional. I believe if you have taken employment act/labour law, you would know what to do. My suggestion is to make a report at the nearest Labor Office. If your salary is below RM4,500 a month then you can seek their assistance to recover the salary due to you. If your office in KL, the Labor Office is at Menara Perkeso, jalan Ampang.

Hope this helps.

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Hi Malayalady,

Thanks for your advise. I already made a group report. But I have no idea how long it gonna take for them to take action. My sources said the new management told her the company will close for 2 months and start operating next year. I really scare if that's the case, we get nothing back.

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Have you tried to find out why the original management was suspended? May be they involved in fraud cases or may be the company become an empty shell already? Seems like operations are ceased, I don't think a company can survive like that. Better plan for the worst and try to get a new job.

I don't think the law can do anything if they just declare bankruptcy, you will be the last one to get paid.

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serious? I thought if the company is going to declare bankruptcy, the first person that it has to paid back is the employee.... i thought I read it somewhere in the Act....

Even if the previous management involved in fraud case, but we are innocent.... we got suspended with no reason....

By the way, I was instructed to return to office today to get a letter.... basically the letter is about the company has accepted my resignation but nowhere stated they will pay salary.. so I asked Mr. A, and he said 'if you didn't get yours, go to IR la' .. Great! challenge me to IR... the new management style. Obviously they are not going to pay....

I went to IR and they said i have to get necessary documents before they can open up a new file for me.

P.S. I have seem the evidence that show the previous management did not involve in fraud.

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Unless you are eligible and protected by labour law, then may be will be the first few, that one i'm not quite sure. Basically the creditors of the company will get priority, like the banks, etc. Only the balance(if there is any) will be used to the lower priority one. Just like listed company's share, you got priority share/preference share and normal share, etc. Normally we will be at the last in the chain.

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