Question 7: Is professional firm considered as employer? (eg: sole-proprietor, partnership and LLP)
Yes, all are considered as employer if they have contract of service with employee.
“Employer means any person who has entered into a contract of service to employ any other person as an employee, and includes an agent, manager or factor of such first-mentioned person.”
Question 8: What is the compound for not registering?
According to Section 13(2) of PSMB Act 2001, the employer is liable to a fine of not exceeding RM10,000 or imprisonment not exceeding 1 year or both.
Question 9 : How to define employees?
It included all the employees who are under “Contract of Service”.
Included: partners from partnership, trainee, part time, non-professional employees (eg: cleaner, coffee lady, receptionist)
“Contract of service means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee, and includes an apprenticeship contract”
Question 10 : Is internship consider under contract of service?
No. Internship is not under contract of service.
Question 11 : How to define wages?
Wages = salary + fixed allowance. Not include: no fixed allowance, bonus.
“Wages means the basic salary and fixed allowances or other emoluments of a like nature paid in cash by or on behalf of an employer to an employee, and includes any leave pay and arrears of wages but does not include: -
a) any contribution paid by an employer on his own account to any pension fund, provident fund, superannuation scheme, retrenchment, termination, lay-off or retirement scheme, thrift scheme or any other fund or scheme establish for the benefit or welfare of the employee;
b) any travelling allowance or the value of any travelling concession;
c) any sum payable to the employee to defray special expense entailed on him by the nature of his employment;
d) any gratuity payable on discharge or retirement;
e) any bonus or commission; or
f) any allowances paid to apprentice under apprenticeship contract;”
“Monthly wages means the wages paid by an employer to an employee for the whole or part of the month during which the employee id employed by the employer.”
Question 12 : Is director fee subject to HRDF?
A director who only receive director fees is not considered as employee.
Question 13 : What are the steps to claim HRDF?
Step 1: Send application first and is approved training (registered under HRDF)
Step 2: Approved and attend training (include registered under HRDF and internal training (eg: conduct by manager)
Step 3: Submit complete document for the claim after training (will have a workshop on guiding how to claim)
Question 14 : Any expire date to utilize the fund?
Yes, you need to claim the fund within 24 months. Otherwise, it will be forfeited after 24 months from the date of contribution.
Question 15: The levy payment is exempted from March to May 2021. Does it mean the first levy payment is on wages for June 2021 and the payment due date is on or before 15 July 2021?
Yes, the company need to pay the levy on salaries from June 2021 onwards. Levy payment to be made no later than 15th of the month.
Question 16 : How much is the rate of levy if number of employees reduce to less than 10? Do I need to notify Corporation?
No, you no need to notify Corporation. The rate of levy shall remain at 1% of the monthly wages of each of the employees until the end of the current year.
However, the rate of levy shall be 0.5% if the number of employees remains below 10 after the current year.
[Refer to Section 15(5) and Section 15(6) of PBSM 2001]
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Published : 29-Mar-2021