In January 2017, Gabungan Pemandu Lori (GPL) filed a complaint at the EPF HQ against 9 transport companies for shortchanging drivers by not making rightful contributions. One of these companies was TJC. After investigations EPF found TJC liable and instructed the employer to deposit all the unpaid contributions for the 6 year period preceding the GPL complaint.
TJC began settlng the considerably large sum of money to EPF to be deposited into the workers accounts. EPF law penalises employers for nonpayment of EPF by requiring them to pay both employer and worker share. It amounted to a few millions.
TJC then demanded that the workers pay their share since they had already received their pay in full. When the drivers refused, he took them to court!
TJC lost as according to EPF law, any attempt to recover undeducted workers contributions must be done within 6 months from pay day. This point was eloquently argued by PSM lawyer Segar who won the case for the workers against the employer. TJC’s application was dismissed with costs.