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Hare Chai
hibino_cl@yahoo.com
08/12/2010 10:52:16
Re: Employer enforced rule to not letting me work with his client for one year

Hi everyone, I really need some help here, I am in trouble.

1. I am being employed by ABC, and signed a contract with them on 31st Mac 2009
2. I was being outsourced to XYZ in the first day of working, until now.
3. After 1 year and 9 months of working in XYZ, ABC issue me a termination of service letter, stated that my last service day will be 31st Dec 2010.
4. The reason is because XYZ can no longer take third party contractor due to budget, but this is not mentioned in the termination letter.
5. Inside the contract, stated that I cannot work with XYZ after I have been dismissed from ABC, not after 6 months of a cooling period. The description is as below:

Clause:
8. The employee unequivocally agrees that he/she shall not within 12 months of working with any one of the employer's clients, whilst employed with the said Employer, seek employment with the said Employer's clients or the said Employer's clients' associated vendors and companies (hereinafter referred to as "period of association")

12. Any failure by the said Employee to comply with the above terms shall be deemed to be a form of misconduct and shall entitle the said Employer to summarily dismiss the said Employee.

13. The Employee shall not seek employment with any of the Employer's clients or the Employer's clients' associated vendors and companies within 6 month of his/her termination/resignation from the Employer.

I received termination letter from ABC on 1st Dec 2010, and my last service day will be 31st Dec 2010. If on 1st January 2011, I work in XYZ, what action can be taken on me? There isn't mention any penalty in clause 13.

Thank you very much! Really need the help.
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KL Siew
pesaraonline@gmail.com
08/12/2010 16:35:29
If I were you, I don't care a hoot about that clause. If still worried, consult a lawyer.
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Hare
08/12/2010 22:42:00
Thanks KL, at least got some support. I think so as well, as I ask my colleague, there never happen a case as sueing an employee regarding this before.

Another thing to add on, the consent part got CEO signature, my signature but the witness area is left blank. I dunno how important is the witness signature.
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Hare
hibino_cl@yahoo.com
05/09/2011 11:30:52
Hi again,
Now the problem arise again. This employer still owed me 3 month of EPF contribution (11% + 12%). And when I complained the my ex-employer, he said he'll get back to me and at the same time, request me to clarify if I work with XYZ (ABS's client).

So can I know, what legal action can ABC take on me if I admit it? or if I don't admit it and they found out?

Another thing is, I'll be leaving XYZ in another 3 days, so any suggestion I can take to avoid the above trouble, but get my EPF contribution?

Thanks a lot!
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