Re: urgent:Need Notice If Not Intend To Renew Contract?
Hi, I'm Geok Kee from Seremban, currently work as a customer executive (contract basis) in BPO service industry with basic of RM2000. My emplyment start from 23July 2007 until 22 July 2008. My contract going to expired soon and I am not intend to renew contract (if any). I hv gave to notice of " Not Intend to Renew Contract" and submited on 16 Jun2008, in the notice i stated that i will fullfil the requirement of the contract work until 22July 2008. However, HR rejected my request and want me to give 2months notice or else I have to pay 2 month's salary in lieu.
I have clarify that I did not terminate the agreement as I will fullfil the requirement of the contract where I will be posted as a Executive - Customer Service until 22nd July 2008. I request them to double check the contract content for clarification as my tenure is successfully completed with effective from 22 July 2008 and I do not resign or terminate earlier but just not intend to renew the contract (if any) as stated in my notice earlier. I told them I am not bounded to the terms and conditions of this contract after 22July 2008 unless I signed another extended contract.
In my agreement, in the clause 2 Terms of Employment:
2.1 Period of Employment Subject to Section 2.2, 2.3 and 2.4 hereof and save for the breach of any terms and conditions of this Agreement and the provisions for the termination provided in Section 7 herein, the Employee's term of employment shall be for a fixed period of one (1) year commencing from 23rd July 2007 to 22nd July 2008.
However they use The clause 7.0 Termination under 7.3 Other Reasons :In the event either party wishes to terminate this Agreement for reasons other than those listed under Section 7.1, either party must give one (1) month's notice period in writing or payment of one (1) month's salary in lieu if it is during probationary period or two (2) month's notice period in writing or payment of two (2) month's salary in lieu if it is after confirmation of employment. However the acceptance of any payment in lieu or adjustment of leave against the notice period by the employee will only be at the sole discretion of the Management.
Meanwhile, they reply Clause 7.3 is for termination of contract due to resignation/non renewal of contract by Employer or Employee. This has been clearly mentioned in the clause, " In the event either party wishes to terminate this Agreement for reasons other than those listed under Section 7.1 Misconduct.
I did not accept not intend to renew contract is part of action to terminate the agreement. I will appreciated if you could give me some advise. Thanks!
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