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Confuzzled
xiong_ie@hotmail.com
17/04/2009 23:26:14
Re: Resignation confusion

I m a working staff at an animation house for 7 months, I have never signed an appointment letter, nor a confirmation letter. I send in my resignation letter, and the employer says I m required to give a month's notice, instead of my 2 week's notice. Apparently I was never informed nor asked to sign a confirmation letter so I never knew I was a confirmed staff, but according to the employer, I m paid an extra RM100 in my allowance (not to my total salary, meaning my EPF and SOCSO remains constant) and that RM100 is prove that I m a confirmed staff. Is what he said valid? According to the Labor Law, Contract of Service can be just oral, and there is no stating on the requirement of any written contract. I will be leaving in 2 weeks, and he says he will sue me. How far of what he says is true? Should I leave without worries or do I have to compensate as the law states?
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Confuzzled
17/04/2009 23:40:39
Oh by the way the salary is really low, only RM1400+RM100 (so called allowance) And with notice of 2 weeks, I m lacking 2 more weeks, so even if I were sued or were to compensate for my leaving, it should be only less than RM700 correct? What's the chances of me being sued? or even being taken action on?
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KL Siew
kl_siew@yahoo.com
18/04/2009 09:20:37
You cannot give 2 weeks notice unless the agreed period is 2 weeks. It should be 4 weeks according to Section 12 of the Employment Act:

"12. Notice of termination of contract.

(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the term of the contract of service, or, in the absence of such provision in writing, shall not be less than:

(a) four weeks' notice if the employee has been so employed for less than two years on the date on which the notice is given; ...."
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Confuzzled
18/04/2009 10:17:21
So what are the consequences I will be facing if I left in 2 weeks?
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KL Siew
18/04/2009 13:05:01
They may claim 2 weeks salary from you.
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Confuzzled
18/04/2009 14:48:14
They may? As in that's all they can do right? I read the labor laws and that the compensation should be deal with in within 3 days of the expiry, but what will happen thereafter if I m unable to comply? What's the consequences of being sued?
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chew
22/04/2009 11:14:03
Did you signed employment agreement with this company?

If confirmation letter was not given, it deem to be confirm staff after probation period.
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