A new company in Malaysia opened last year. Through POEA-registered agency, they hired and offered us a two year contract. We did not undergo a pre departure orientation. In short we were deployed from agency to the company in Malaysia without any POEA transaction/intercession. But all papers were legal. Included in the contract was that the company will give salary every 1st wk of the month. On our 1st 6 months, everything is okey. Salary is on time. Until the salary began to be given half on the 3rd week then the last half on the 1st wk of the next month, which is still okey with us as long as they are giving the salary for that month. Then waiting bacame longer. Until now we have not received our salary for May and June. I still have another 6 months as stated in the contract. What are best and legal to do if :
1) The company is incapable or lacks funds of sustaining us for the next months and salary is not given just like now it is already 2 months delayed? It is hard to wait because we also need money to sustain our family's basic needs
2) It is proper to ask for the real financial status of that company? Because we will never know the truth. They are aware that they broke their promises especially with the date of salary release which they failed to act on.
3) Force majeure - a common excuse of a foreign company. If that is the case, what are we entitled for or can we still do something about our salary? They have not yet declared bankruptcy.
4) Is it legal to render a resignation and ask for discontinuation of contract but still ask for my deferred salary? What will be the contention of the company against me with this one?
5) Is the agency which recruited us entitled to some dues? I don't know if there is connection. We paid our deployment fees for a two year contract. What is their negligence or deficiency with this one?
6) I am currently exercising my right to annual vacation but I am having second thoughts to return because a two month delayed salary is a bad sign to me. So I can just start working here again because we need money to live. What is legal to do? Bacause I cannot return there and just wait and wait while there is no salary being given. How about July August and so on? That will be too much and very heroic if I sustain not being paid for that long.
Thanks atty. I hope you still have to reply. heller!!!!