An Employees Provident Fund contributor has lodged a police report alleging criminal breach of trust by his former employer, Traceland Properties Sdn Bhd, for non-remittance of EPF deductions.

Kermehom @ Karumegamachary lodged the report at the Dang Wangi district police headquarters in Kuala Lumpur yesterday.

His lawyer, A Sivanesan, said this is the first time an EPF matter has been asked to be investigated specifically under Sections 405 and 406 of the Penal Code.

"Usually, the contributor will file a complaint with the EPF, which will then carry out its own investigation to determine breaches of the EPF Act before deciding to prosecute the errant employer.

"This is the first time an EPF-related matter is being challenged as CBT," he said when met today.

In his police report, Kermehom said the company had failed to remit his EPF contributions for 1998 and 1999 totalling RM1,496 and RM2,640 respectively.

He said his complaint to the EPF on March 28 last year has not evoked any response except to acknowledge that the company is not registered with the fund.

The penalty for criminal breach of trust under Section 405 is a mandatory jail term of more than a year but not more than10 years, as well as whipping and a fine.

Irregular pay

Kermehom, retired after 33 years in the civil service, joined Traceland Properties in April 1998 as an administrative clerk before he was appointed as a paid executive secretary. In December 1999, he was promoted to assistant executive secretary with a salary increment and a fixed allowance.

But all was not well because according to him, the payment of his salary and those of other employees were very irregular.

"Sometimes, we only got our salaries in one lump sum after three months. But I made sure that my EPF deduction was made every month throughout my three years with the company.

"Even in the year 2000 when the company did not pay my salary and fixed allowances, it continued deducting my EPF contributions. However, the so-called deductions totalling RM4,620 were also not remitted," he told malaysiakini today.

Kermehom's service was terminated on Dec 31, 2000, and his termination letter dated Nov 29 stated that "all outstanding salaries and allowances will be settled in full after deducting your EPF contribution share".

"I don't know what the EPF Board is there for. It is their duty to look into their contributors welfare, or refer any discrepancies brought to their attention to the appropriate authorities, said Kermehom.

"The fact that Traceland Properties is not registered as a contributing employer was established last year, but what has the EPF done about it till today?" he asked.