Reference no: EM132747261

Syafiq was hired as a waiter by Baiduri Restaurant. His duties as a waiter include clearing tables, resetting tables, taking orders, replenishing water glass and other duties. The restaurant added a 5% service charge to all customers bill. Baiduri Restaurant paid him a wage rate below the industry standard, because the restaurant adopted the tip-pooling policy. The first day at work, Syafiq read the tippooling policy and signed a document stating that he understood the policy. One day, a guest who had a wonderful experience with the food and service left a RM10 tip on the table. On his way out, he walked towards the door, where Syafiq was standing, pulled RM50 note and gave it to Syafiql for his attentiveness and whispered, and "this is for your excellent service". The supervisor of the day saw this and demanded Syafiq place it in the tip pool. Syafiq refused to do so and claimed that this tip was meant for him.

Question 1. Is Syafiq obligated to put the tip into the tip pool?

Question 2. Do you think that the tip-pooling policy needs to be amended so as to avoid such an incident?

Question 3. Can the management take any action against Syafiq?