399 Ex-Employees vs. Shell 

A. The Clause 33 

Clause 33 of the Trust Deed and Regulations (Updated January 1996) of the Shell Sarawak and Sabah Retirement Benefit Fund (SSSRBF): 

“33. The trusts hereof unless previously determined under the provisions hereof shall continue until the death of the last survivor of the lineal descendants of His Late Majesty King George V now living and for a period of 20 years thereafter and shall then cease; and thereupon the Fund shall be wound up in accordance with Clause 20.” 

B. The Closure 

The SSSRBF wound up on 31 December 2003. 

C. The Law 

Employee Provident Fund Act 1991 Section 47: 

“Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct or otherwise recover from the wages or remuneration of the employee, the employer’s contribution, from the employee.” 

D. The 399 Ex-Employees 

E. The Score

Related Correspondence and News

ShellNews.net: 399 REASONS WHY JON CHADWICK, DEPARTING CHAIRMAN OF SHELL MALAYSIA, SHOULD BE HANGING HIS HEAD IN SHAME: Sun 8 January 2006: READ

Email from former Shell Malaysia employee group: Thursday 15 Dec 2005: 00.05am: READ

New Straits Times (Malaysia): 'Ex-Shell employees' suit within time frame': “On Sept 20, 2004, the High Court in Miri ruled in favour of the ex-employees and said the retirement benefit under the Retirement Benefit Fund was ultra vires the Act. Sarawak Shell Berhad and Sabah Shell Petroleum Company Ltd filed an appeal.”: Tuesday 18 October 2005: READ

ShellNews.net: Shell hopes to duck its Malaysian employee pension fund responsibilities on a legal technicality: Tuesday 25 October 2005: 05.00am ET: READ

ShellNews.net: Nearly 400 former Shell staff still wait on Malaysian Appeal Court hearing after winning their High Court Case claim against Shell: “Counsel for the plaintiffs, Datuk Dr Cyrus Das, brought to the courts attention the fact that the majority of the plaintiffs are well over the age of 60 and in weak and declining health. Posted 26 May 05

New Straits Times: Ageing and sickly, ex-Shell staff wait on court: “Some have died. Others are losing their memory and many are ailing.”: “399 former employees of Sarawak Shell Bhd and Sabah Shell Petroleum Co Ltd engaged in a protracted legal battle with their ex-employers…” “claiming that they unlawfully deducted money from their internal retirement funds…”: “They won their case at the Miri High Court on Sept 20 but their employers filed an appeal.”: “For now, all they can do is hope their time doesn't run out.": 7 October 2004

Sarawak News: 399 Ex-Employees Of Shell Win Suit For Refund Estimated At RM100 Million: “The Miri High Court has ordered Sarawak Shell Bhd (SSB), Sabah Shell Petroleum Co Ltd (SSPC), the Trustees of Shell Sarawak and Sabah Retirement Fund (SSSRBF) and Shell Sarawak and Sabah Provident Fund (SSSPF), to pay nearly RM100 million to 399 former employees" (Sabah Shell Petroleum Co Ltd is a UK company) 26 September 2004

SARAWAK SHELL BERHAD/SABAH SHELL PETROLEUM COMPANY'S INTERNAL MANAGEMENT EXCHANGE LEAKED BY AN EMPLOYEE DISGUSTED WITH SHELL 21 JUNE 2004

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