Blur~ Charlie

11/1/2007 2:08:14 AM
Re: Termination of 1yr contract, working hours & salary+allowance - really NEED help~!

I am confused about the terms on termination of employment as per below:

Notwithstanding any provision herein, the employee hereby agrees and confirms that the employee shall not resign from the company prior to completing one year of service. In the event the employee resigns prior completing one year service, the employee shall be required to serve the prescribed notice of resignation under this contract and pay an additional sum equivalent to one month salary of the employee to the company as liquidated damages.

During the term of this contract, either party shall be entitled to terminate this contract without assigning any reasons thereof by giving one month notice and in lieu of such notice the payment by the other party of the equivalent amount of salary of the prescribed notice.

My questions:
1. If i give one month notice of resignation, do i still need to pay one month salary to the company as "liquidated damages"?

2. As they keep updating the contract (3times in 4months), do i have the right not to sign the latest contract and resign from the company if i can't accept the terms and conditions. And in this case, do i still need to pay one month salary to the company even if i give one month notice of resignation? ** I have signed the 2nd contract which stated the above termination conditions.

I am working in a 5days/week company, public holidays & weekends are required to be at work when necessary.
Offer letter says: 12pm-8pm (not valid once confirmed probation)
1st contract says: 3pm-11pm
2nd contract says: 2pm-11pm & 11pm-7am (shift work-weekdays only)
latest contract says: 1.30pm-11pm & 11pm-7.30am (shift work+5days/week including weekends)

My questions:
1. I understand that the company reserves right to change the working schedule anytime and labour law says max. working time is 48hrs/week but the latest contract shows that i need to work up to 47.5hours/week; i thought that if the company offers me 5days work/week, which is 9hrs/day, must i still for the additional 2.5hrs/week?

General Question on salary
My salary is RM1.8K (basic) + RM200 (shift allowance). My company is a call centre company with shift schedules as per above. My salary was not increased once i was being confirmed as a permanent staff. And for night or day shift allowance, it is still RM200. Am i entitled to get an increased amount of salary once confirmed and get more night shift (11pm-7.30am) allowance?

Really need help ASAP because latest contract need to be signed and give back to my boss..
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KL Siew
11/1/2007 11:29:16 AM
It is very confusing indeed.

As for the "liquidated damages", you may have to abide by it since you have agreed to it when you signed the contract. As for the new contracts, you will have to read through them carefully whether they are against your interest or not.

One major problem here is that you are not covered by the Employment Act as your monthly salary is over 1500. As such the questions of working on restday, public holidays and working hours under that Act are not applicable to you. So you will have to fight for what you want and negotiate with your employer pertain to working on restday, holidays as well as working hours. If there are many employees of your type, get together and negotiate with the employer, that will be better.

As a last resort, if you people cannot get some sort of agreement, you may try to approach the Industrial Relations Department for help.
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