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Kinky
kinky_huan@yahoo.com.my
22/02/2009 21:44:04
Re: Payment in lieu of short notice

Hi, Mr. Siew.

I send my resignation on 1 October 2008 and i gv 3 moths notices, till 31 Disember 2008.

I was work in a Private school. The contract that i sign (on 10/9/2008) its stated: Give 3 months notice and last working day should be fall on the last working day before 1 or 2nd sem break start.

The last school day for 2008 is 14 November 2008. So now the school say that i own them 45 days notice, ask me to pay them.

The problems is I am not resign on 14 November, but they terminated me on 14 November 2008, and didnot pay me November and December salary. But ask me to pay them back the amount of 45 days short notice.

So,is it the school have the right? Holiday is not counted as working day? And is it the right they not pay me for November and December salary but ask me to pay them back?? Thank you very much.
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KL Siew
kl_siew@yahoo.com
23/02/2009 10:38:13
Your case needs to be looked into. I think it will be better for you to lodge a claim for your salary at the Labour Department and let them decide.
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jeen
23/02/2009 16:08:03
what an unfair and non sense school !!
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Kinky
kinky_huan@yahoo.com.my
23/02/2009 16:17:27
Thank you Mr. Liew.

Actually, before I leave the school, I still recomment 2 of my friends to replace my post,(the HR manager told me that if got someone to replace my post then they will consider) and the school had also interview them but they didn't hire them and still ask me to pay them back!!!

And say sincere, at first i really not argue to get back my November and December salary. But last week, they mail me the letter and ask me pay back the 45 short notice within 7 days!!! I really disappointed with this kind of school.
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Kinky
23/02/2009 16:24:49
Thanks for your respone, Jeen.

I really disappointed with this kind of school. Now a days, a lot of company giving dismissal notice. I resign myself, but they still treat me like this!

I just work in that school 6 months(June - November 2008) only! why they do that to me? I really feel they are buli me!!! (T_T)
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KL Siew
23/02/2009 18:01:56
Just curious, did you have to work during the school holidays from 14 Nov to 31 Dec? I wont say who is right or he is wrong, just curious.
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Kinky
23/02/2009 18:13:55
No, but as a teacher we are paid for holiday too. And sometimes we are call to attent such like metting or other matter.
(31 Disember 2008 have a meeting)

Actually, start from 17 November we have a training program, for those who didn't attent the training will count as unpaid leave. I want to attend the training program, but the school had terminated me on 14 November, so I was not allow to attend the training, not me dont want to attend.

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KL Siew
23/02/2009 18:24:47
If that is the case, you should proceed with your claim and let the authority decide..
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Kinky
23/02/2009 19:58:41
Thank you very much of you advice, Mr. Siew. I will proceed my claim this week. Thanks again. ^_^
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