Question 1

I have an employee who said she doesn't need EPF and SOCSO contributions. I'm wondering if this is legal?

Accepted Answer

No, it is not legal for employers and employees to reach an agreement not to contribute to EPF and SOCSO in Malaysia.

EPF & SOCSO contributions are mandatory for eligible employees & employers as per Malaysian labour laws. Any agreement to waive these contributions would be against the law and could result in penalties for both the employer & employee.

Question 2

Company wrongly contributed 13% instead of 12% for basic salary above RM5,000. Can company claim back the overpayment of 1% EPF from employee by way of salary deduction?

Accepted Answer

If it is an overpayment, employer can settle off it from the subsequent EPF contribution payments (Have to mention cheque no and over payment details with subsequent payments) or can forward a request to refund it within the one year of date of payment.

Question 3

Currently, I am looking for interns. Besides LinkedIn and Indeed, what is the best platform to advertise a job?

Accepted Answer

Ya agree! AJobThing is the best hiring platform we used. The account manager service is excellent! Furthermore, our job ads get more exposure and reach more candidates!

Question 4

Currently, there is an intern who has a fever and has been absent for 2 days. Do most Malaysian companies allow their interns to take this sort of sick leave?

Accepted Answer

Malaysia Employment Act does not state the benefits for interns, so you need to refer to the offer letter by the company. But in most companies, interns don’t get paid sick leave。

Question 5

Last week, I issued a warning letter to an employee due to his frequent lateness to work. However, he refused to sign that warning letter. According to Malaysia labour law, can employee refuse to sign a warning letter?

Accepted Answer

When an employee refuses to sign a warning, it is recommended that you write “refused to sign” at the bottom of the notice. It is best if you have more than one person witness and attest to this refusal.The employee’s refusal to sign the warning does not invalidate what was written. The employee still needs to comply with the requirements set out in the written warning.

Question 6

Recently, there has been verbal bullying by an employee in the marketing department. This is affecting our employees' mental health. To solve workplace bullying, I want to issue a warning letter to him. May I know what should I include in this warning letter?

Accepted Answer

A warning letter should include: Company name, Name of the offending employee and job title, Name of supervisor, Name of HR representative (if applicable), Date of issue, Infractions incurred by the employee, Consequences of failure to correct infractions, A plan of corrective measures, Supervisor signature and date, Employee acknowledgment statement and Employee signature and date!

Question 7

I just started a business. I wonder how many public holidays I should provide for my company.

Accepted Answer

Every employee in Malaysia is entitled to the 11 gazetted public holidays in Malaysia! There are 5 Compulsory PH, which are National Day, Malaysia Day, Agong's Birthday, Labour Day, and the Birthday of the ruler or governor of the state.  Employers can choose the remaining 6 holidays to make up the 11 holidays. For more info, can refer to this blog: https://www.ricebowl.my/career-advice/blog/en/30126/know-your-rights-as-employee-public-holidays-malaysia

Question 8

I just hosted a 3days2nights team building event for my company. Can team building be claimed under HRDF?

Accepted Answer

Under the HRDF course scheme, employers can receive a grant from the fund to spend on their employee training and team building programme. The grants provided by the HRDF can handle a large proportion of the costs involved in organising such training, if not everything.

Question 9

I am a startup company with 5 employees only. Am I eligible for HRDF?

Accepted Answer

If your company employs five (5) to nine (9) Malaysian employees, your registration with HRD Corp is optional.

Question 10

I have an employee who tested positive for COVID-19. How many days are needed for self-quarantine for both influenza and COVID-19?

Accepted Answer

COVID-19 positive cases must undergo isolation for five (5) days from the date of onset symptoms.

Question 11

Currently, I have applied for a training course for my employees. May I know how I can claim my HRDF fund?

Accepted Answer

You may refer to this official website step-by-step guide:

https://supportcentre.hrdcorp.gov.my/portal/en/kb/articles/steps-to-submit-hrdcorp-claim-for-employers

Question 12

Recently, someone in the office engaged in misconduct. HR issued a show cause letter to her. May I know what the purpose of the show cause letter is?

Accepted Answer

Its purpose is to inform the employee of specific concerns or allegations regarding their behavior, performance, or any other issue that requires clarification. The letter provides the employee with an opportunity to respond and present their side of the story before any further disciplinary action is taken.

Question 13

Recently i saw lots of news mentioned about e-invoicing. May i know what is e-invoicing and how does it work?

Accepted Answer

Yes! E-invoicing is mandatory in Malaysia ~ For more information, maybe you can check this article out: 
https://www.ajobthing.com/resources/blog/e-invoicing-malaysia-a-comprehensive-guideline-for-business

Question 14

HRDF was supposed to pay for March but mistakenly selected April and the payment was made. Just noticed that march outstanding and April wrong pay. How to solve the issue of wrongly paid the HRDF by selecting wrong month?

Accepted Answer

You may apply for a refund via ETRIS:

1)     Select Type of Refund (click Levy or Interest)

2)     Select Reason from the Dropdown Menu

3)     Key in Remarks

4)     Select Levy Month, Levy Year and Applied Amount and click Add.

5)     Upload attachment (i.e., Payroll Summary or Payment Slip)

6)     Click SUBMIT

Question 15

I just pregnant. May i know what is the longest maternity leave? Can I start my maternity leave before or after the birth of my child?

Accepted Answer

The standard maternity leave period lasts a minimum of 98 consecutive days! Maternity leave starts no more than 30 days before the expected childbirth date unless certified by a medical officer or registered medical practitioner that the employee is unable to work due to pregnancy.

For more information, can check this link out: https://www.ajobthing.com/resources/blog/maternity-and-paternity-leave-in-malaysia

Topics

Q&A EPF & SOCSO

Q&A Form EA

Q&A Employment Law

All Post

Is it legal for employers and employees to reach an agreement not to contribute to EPF and SOCSO?

I have Miscalculated EPF Contributions for My Employees

Any best platform to post job ads

Does Intern Entitled to Sick Leave Malaysia?

Can employee refuse to sign warning letter?

What should I include in an employee warning letter?

How many public holidays should I provide for my company in Malaysia?

Can team building claim HRDF?

Who is eligible for HRDF?

How long is the quarantine for positive COVID-19 in Malaysia

How do I claim my HRDF fund?

What is the purpose of the show cause letter?

Is e-invoicing mandatory in Malaysia?

How to solve the payment issue from HRDF?

What is the longest maternity leave in Malaysia?