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chia tee seng
07/06/2007 17:24:14
Re: breach of contract

my salary is RM2500, i entered a contract with my employer with the terms and conditions shown as follow:
1) You shold not resign within 2 years from the date of contract of service.
2) the notice for termination of contract after 2 years shall not less than 3 months.

now, i would like to resign within 2 months period, i gave my notice of intention to my employer, he refused to accept, and say i am not entitled to resign. if i resign, he may take legal action against me

my question is:
1) since my salary more than Rm1500, i am not protected under employment act, so which act i sholud go for?
2) Am i entitled to give notice of intention to terminate contract of service before the expiration of 2 months time? if it is, how long times the notice should be given because the is abcense in my appointment letter?
3) what legal action he may take? what is the damage i may forced to make?

Please help..
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KL Siew
07/06/2007 20:31:01
The condition that one should not resign within certain period strikes me as unusual. If there is nothing about a penalties or damages in the event of any breach there nothing to prevent you from resigning early. But I think the safest way for you is to bring along a copy of the contract to see a lawyer for some legal advice or see the Industrial Relations Department nearby.
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