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James
04/07/2011 12:36:53
Re: Resignation

I hv tender resignation letter dated 1 July 2011 to serve 2 month notice. But if, for coming last 2 month with current company, they will be paid out company profit sharing(hit target) for last finacial year July 2009/June 2010(delay till now), my question is am i entitled for it from the view of employment act?? Please advise. Urgent!
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KL Siew
pesaraonline@gmail.com
04/07/2011 16:09:53
Not sure about that. If they don't pay, you can approach the Labour Office see whether they can be of any help.
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koh
05/07/2011 07:08:00
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?
Thank you.
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koh
05/07/2011 07:11:31
My apologies.. I meant to post "EA or Contract" as a NEW message, which I have done.
Thank you.
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