Dear Mr Siew,
Re: Employment Act or Contracts Act?
1. I was employed to be Superintending Officer in a Repainting Project for a condominium in KL.
2. A Letter of Appointment (LOA) has these salient points:
(i) the "retainer fee" (not salary or wage) was RM6,000/- per month for a 8-month period, and capped at RM48,000/-;
(ii) the appointment shall commence from the date of award to the contractors and shall terminate with the final payments or the completion of the defects liability period (DLP), whichever is the later. (allowing 12 months for DLP the job could be for 9 months);
(iii) there is no termination clause;
(iv) there is no provision for dispute resolution between employer and employee.
(v) the LOA is not witnessed, is not stamped and or registered (therefore not a "Contract" in my view).
3. I gave 6 weeks notice of resignation (4 weeks being minimum). Employer challenges this and citing point 2(ii) above, by which Employer contends that the LOA is a "Contract".
4. Employer has wilfully witheld my wages for 2 (two ) months (subsequent to my resignation); and threatens to sue for damages.
Query: Is my employment under EA or Contract? Is my resignation valid?