KAJANG, April 8 (Bernama) — A Human Resource officer has to serve 51 months behind bars after his security firm failed to settle the RM20,400 fine for violating the minimum wage order involving six of its workers.
Syarikat Elite Group Sdn Bhd represented by the officer pleaded guilty before Magistrate Aina Azahra Arifin to 17 counts of underpaying the six security guards.
The charges framed under Section 43 of the National Wages Consultative Council 2011 (Act 732), carries a fine of not more than RM10,000 if convicted.
On the first 15 charges, the employer failed to pay the minimum rate of RM4.33 per hour to Yusof Hisham, 65, Mohd Isa Mat Surany, 49, Hasnah Mohd Noor, 56, and Zaharah Awang, in April, May and June, 2014,
The company was found to have paid only RM2.10 an hour to the workers.
On the 16th and 17th charges, the employer failed to pay the minimum rate to A.Rathai, 42, for May and June, 2014.
The offences were committed at No. 43-A Jalan Jernang Jaya 1, Taman Jernang Jaya, Kajang here at 12 noon on Aug 7 last year.
According to the facts of the case, the Selangor manpower department found out about the discrepancy during an inspection by its enforcement team at the company’s premises.
Earlier in mitigation, counsel Rahmah Othman told the court that the company had settled all outstanding payments to the affected workers.
However, prosecuting officer Siti Nur Alifah Hairudin urged the court to impose an appropriate sentence, submitting that the company had never sent a letter to the council requesting for postponement in paying the minimum wage.
She said the employer had not been paying the RM4.33 minimum rate to its workers since April 2013.
“In fact, the prosecution had only charged the company with offences for April, May and June 2014,” she said.