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GT
gilbert@time.net.my
22/07/2008 15:43:46
Re: Employment Contract vs Employee Policy

Supposing there is a contradicting clause in the Employment Contract signed and the Employee Policy adopted in the company, which one should we follow?

Please advise...

Thank you.
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KL Siew
kl_siew@yahoo.com
22/07/2008 16:24:10
Follow the more favourable ones.
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GT
24/07/2008 05:59:13
Of course then, the employee would choose what is favourable to him while company will choose what is favourable to them.

Just give u a short eg.. supposing there is a contradicting clause on Probation period.

In LOE - Probation 6 mths, termination notice during probation 24 hrs
In Employee Policies - Probation 3 mths, termination notice during probation 1 week.

So, in this case, which one as an employee to follow? I understand that what an employee has signed is binding, am I right?
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KL Siew
24/07/2008 10:05:53
If you have given a true picture. for me, I will give 24 hours notice if I want to resign. If they terminate me, they will have to give 1 week notice.

Anyway, is there another clause in the Policy stating that the terms and conditions therein will substitute or replace all existing terms and conditions? You better clarify with your HR
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GT
24/07/2008 18:42:05
How to choose the more favorable ones as normally employer has the say not you, who is willing to get a job.

Let me give me an example ...
In Letter of Employment - Probation period 6 mths, termination notice during probation is 24 hrs
In Employee Policies - Probation period 3 mths, termination notice during probation is 1 week.

I am not complaining about the unfairness of the clause as either one has its own advantages and disadvantages. By question is in such circumstances, which one is the rightful for employee to follow?

Please advise.

Best regards,
GT
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KL Siew
25/07/2008 07:44:03
is there another clause in the Policy stating that the terms and conditions therein will substitute or replace all existing terms and conditions?

1. If you want to resign, would you like to give 24 hours notice according to the contract or give 1 week notice according to the policy or pay a day's salary or 7 days salary if you want to resign without giving notice? Which one is more favourable?

2. If they sack you without notice, would you like to claim a day's salary in lieu or 7 days salary in lieu according to the policy? Which one is more favourable?
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GT
26/08/2008 09:34:58
I have problem in seeing the continuous part of this post.. I only see my reply and your reply. I will carry on asking the question is new post.
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