Dear Mr. KL Siew I just learned that there is a clause in my Employment Letter that prohibits me from joining any other company that is in the same nature of business with my current company, within the first 2 years after my resignation.
I feel that this is a unfair term as my skill developed throughout these years is in this specified area.
Can the company sue me if I ignore that clause and join another company that is doing the same nature of business.
In my experince in an MNC company, our company has the same clause.
When we check back with our HR expert, they said that such clause are useless in Malaysia. If this is borught to the industrial court it will be thrown out.
The reason is that your previous employer cannot restrict a person from making a living from his skill.
Take an example of a blind man (no offence please) whoes only skill is to do massage. Do you think that such limitation will hinder the blind man's livilihood? And do you think the industrial court will allow this?
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