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发表于 29-10-2010 04:16 PM
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回复 bobcat
注明confirm后有。当初我interview时候是说再没有confirm时候是没有EPF的。
aileen_chui 发表于 29-10-2010 10:24 AM 
在EPF Act 1991，section 2的employee definition,
“employee” means any person, not being a person of the descriptions specified in the First Schedule, who is employed under a contract of service or apprenticeship, whether written or oral and whether expressed or implied, to work for an employer;
duty of employer在section 43,
43. (1) Subject to section 52, every employee and every employer of a person who is an employee within the meaning of this Act shall be liable to pay monthly contributions on the amount of wages for the month at the rate respectively set out in the Third Schedule.
(2) Any person being an employer who fails, within such period as may be prescribed by the Board, to pay to the Fund any contributions which he is liable under this Act to pay in respect of or on behalf of any employee in respect of any month shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.
在first schedule又说到怎样在这statute里不consider是employee的，
FIRST SCHEDULE
[Section 2]
PERSONS WHO ARE NOT EMPLOYEES
(1) All nomadic aborigines unless in any particular case the Director General of the Department of Aborigines otherwise recommends.
(2) Domestic servants as defined in section 3 of the Workmen’s Compensation Act 1952 [Act 273], except when employed—
(a) by any employer specified in the Second Schedule to this Act;
(b) by any society registered or required to be registered under any written law for the time being in force relating to the registration of societies or co-operative societies;
(c) in any business registered or licensed or required to be registered or licensed under the Registration of Businesses Act 1956 [Act 197], the Trades Licensing Ordinance of Sabah [Sabah Cap. 144], the Businesses, Professions and Trades Licensing Ordinance of Sarawak [Sarawak Cap. 33] or the Businesses Names Ordinance of Sarawak [Sarawak Cap. 64], as the case may be; or
(d) by any corporation incorporated under any written law.
(3) Domestic servants as defined aforesaid (other than those excepted under paragraph (2)) who have not, in respect of any employment in which they are then engaged, given to the Board and their employers one month’s notice in the prescribed form of their intention to be members of the Fund.
(4) Outworkers as defined in section 3 of the Workmen’s Compensation Act 1952, except when employed by any employer specified in the Second Schedule.
(5) Any person detained in any prison, Henry Gurney School, approved school, place of detention, mental hospital, rehabilitation centre having the same meaning in the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283] or leper settlement.
(6) Any person who is employed and whose country of domicile is outside Malaysia and who enters and remains temporarily under the authority of any pass issued under the provisions of any written law relating to immigration and who has not given to the Board and his employer one month’s notice in the prescribed form of his intention to be a member of the Fund.
(7) Any person who is employed and whose country of domicile is outside Malaysia and who is in accordance with his terms and conditions of service participates in a provident fund or other similar scheme established or administered outside Malaysia.
(8) Any person who is employed and whose country of domicile is outside Malaysia and who has obtained prior written approval from the Board to participate in accordance with his terms and conditions of service in a provident fund or other scheme established or administered in Malaysia.
(9) Any person who is a Member of the Administration as defined under Article 160 of the Federal Constitution.
虽然在你的employment letter里面有写到没confirm是不会有EPF contribution，但是employer也不能这么做，因为这类的agreement (也就是你的employment letter)是against our law。在section 24 of contract act 1950有讲到,
What considerations and objects are lawful, and what not
24. The consideration or object of an agreement is lawful, unless—
(a) it is forbidden by a law;
In each of the above cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.
除非有exception，so far我还没看过有什么exception是permit employer这么做，不排除有这些exception存在。
但是有一点，如果pledge epf，你的income也会相对的减少。 |
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