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Edwin
penanggolftour@yahoo.com
09/05/2007 20:48:47
Re: Suddenly call off by employer before start work date

Dear Sir,
I am from Penang and I went for an interview in KL 2 weeks before agreed start work date. The Company offered the job on the spot and suggested me to start work 2 weeks later. I went back to Penang and do some preparations for residing to KL. Things like welfare dinner, bought some relevant books, rejected some of the job offered by other companies and have paid rm900 to landlord in Cheras for room rental. Nearly 2 weeks, I have been asking for an employment letter for some financial application in Penang, but the company kept delaying it. And 3 days before the start work date, the company telling me that the hiring has been call-off.

What kind of civil act or legal action that should I take to tackle this matter???

TQ in advance
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KL Siew
kl_siew@yahoo.com
10/05/2007 08:28:30
I think you better get a lawyer to look into your case.
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Edwin
penanggolftour@yahoo.com
10/05/2007 17:21:49
Dear Sir,
Thks a lot for your response. Im thinking to pass this matter to lawyer but in your expertise, what are my chances?? Are you suggesting that I will win the case?
Thks a lot.
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KL Siew
10/05/2007 17:34:55
The problem is you don't even have an appointment letter from your employer-to-be. To me it is going to pretty tough for you. Ask for legal advice.
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Edwin
penanggolftour@yahoo.com
10/05/2007 21:41:26
Dear Sir,
Will I win the case if I go for legal action?
Regards.
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Edwin
penanggolftour@yahoo.com
10/05/2007 21:56:28
Dear Sir,

Yes, I didnt have the employment letter but under Employment Law below, it describes that im officially employed by the company. Can you help to verify on the message below? TQ


WHAT ARE THE BASIC TERMS USED TO DESCRIBE THE EMPLOYMENT RELATIONSHIP ?
An employer in relation to an employee or a workman, means a person by whom the employee or workman is employed. An employer obtains the services of another to perform work and has direct control of the way in which the work is to be done.

An employer shall provide the means through which the services will be performed such as providing a place where the work is to be performed and tools required to get the job done.

****
Contract of service means any agreement, whether express or implied, and if express, whether oral or in writing where the employer agrees to employ and the employee agrees to be employed and includes an apprenticeship contract.
*****

In general, an employee means a person who has entered into or works under a contract of employment. There are different interpretations for the term, employee, in different Acts governing the labour market in Malaysia. Those interpretations will determine whether you are an employee protected under the scope of an Act.

Where an employee begins employment with an employer and for a period of more than one month, such employee must be given a written contract of employment with particulars of the terms and conditions of employment including the notice period required to terminate the contract of employment.

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KL Siew
11/05/2007 20:00:04
Sorry for the late response, I missed your messages.

I really cannot tell whether you will win the case or not. Yes I also read the messages quoted by you. Whatever it is, you still have prove that such contract exists, the onus is on you. As it is now it is just your words against his. Anyway I am not in the position to give you legal advice, a lawyer will definitely be a more competent person for you.
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