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Choco
06/02/2012 17:46:04
Re: Any obligation if signed offer letter?

Hi,

I will be joining a new company on 1 March 2012. I have signed the offer letter due to good offer (30% more than my current company) and sweat talk by the boss, but after i signed i realised that the new company is not a company that is worth to join. Reasons as follows:

1) In my own department, there are 3 newly employed management level staffs, serving not more than 4 months, and 2 were fired. One of them were fired due to he made advances for CNY purpose, with the advances being deducted twice from his monthly salary. He was in charge of submitting all the advances for boss approval but he left out his own, but afterward he passed it to the payroll clerk directly. Boss found this out and he was fired, without any warning letter being issued. I am worried that I will be fired too without reasonable explanation.

2) It is very apparent that what the boss told me about the company is not all real (more than 50% not real). I have paid a visit to the Company just yesterday and noted this.

3) After further investigation, I found out that what my boss said cannot be trusted. The boss always have hundreds excuses to cover up himself.

4) No bonus is paid every year, though my boss said have.

I am very worried about my future and hence i hesitate to join. But i signed the letter and email it back to the HR. I am wondering whether it is possible to reject the offer now since i signed the letter? Do i have any obligation to fulfill since i have not joined the Company? Any legal action can be taken against me? Based on the offer letter, I will need to give 3 months notice if i terminate my service. Any suggestion on what is the path that i can take?

The clause in my offer letter is as follows:

Commencement date: (blank as that time i dunno when i can join)

E.P.F and SOCSO:
Employees automatically become members of the EPF and SOCSO and a contribution to the Fund, at the rate legally in effect, is deducted each month and paid together with a contribution from the Company to the EPF and SOCSO for the credit of each employee.

Transfer:
The Company reserves the right to transfer an employee from one department to another or from one subsidiary company to another.

Annual leave:
You are entitled to have annual leave of xx days for every twelve months of continuous service.

you are not allowed to carry forward unused leave from the previous year. All the usused leave shall be deemed to be forfeited. At times, you may be recalled from leave due to the exigency of service.

Sick leave:
You are allowesx to make a maximum of xx days annually. Submission of Medical Certificare is compulsory. If you fail to submit, the company will treat it as annual leave for thise eligible.

Termination of employment:
Termination will be effected by giving 3 months notice in writing.

In the event that the Company decides to terminate your employment without due notice after confirmation of service, you will be given 3 months salary in liew of notice.

In the event that you wish to terminate this contract without the notice after confirmation of service, you will be required to pay the company 3 months salary in lieu thereof to us.

The company may dismiss you without notice or salary in lieu thereof for any breech by you to your obligation herein, willfully neglect your daily duties, misconduct of the company's affairs, disobey or neglect any lawful order or discretion communicated to you through the company's management or its authorized reprehensive.

Office rules and policies:
The Company reserves the right to amend, vary or add to you term and conditions of employment and its office rules and regulations at its sole discretion.

Confidentially:
The employee shall maintain the confidential nature of all matters pertaining to the affairs of the Company. The employee shall not divulge or communicate to any third party any information which she or he may receive or obtain by reason of his or her employment by the Company.

Agreement:
You agree, during your employment to give your whole time services to the company in accordance with orders and direction given to you, to work and reside in such places as we may from time to time require and to abide by all applicable rule, regulations and practices in operation for the guidance and conduct of staff employed by us.

I have however only signed and scaned and emailed back the last page of the employment letter as follows:

If the terms and conditions are acceptable, please sign and return us the duplicate copy of this letter.

We look forward to welcome you as a staff of our company. We believe you will give your best effort so as to contribute to the company success.

Yours faithfully,
For ABC Sdn. Bhd.

Signatory
..............................
Human Resource Department

__________________________________________________________

I, .................................... (NRIC No.: ..........................................) hereby accept the offer if employment on the above terms and conditons of service.



Signature: ................................
Date: ................................

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KL Siew
klsiew,my@gmail.com
06/02/2012 20:10:57
Actually there should not be much of an issue since you have not yet joined the company. As you said the company was worth joining, then just let them know you have changed your mind and you are not joining.
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Choco
06/02/2012 22:19:10
Hi thanks.

Any obligation that i need to fulfull? Can the Company take any legal action against me?
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KL Siew
07/02/2012 09:08:31
You wouldn't know what they can do or cannot do.. You don't like you don't join that's all.
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Eve
07/02/2012 16:25:27
Hi, as per my understanding rgds the above issue that you raised.
I did spoke to one of a JTK Officer, he said even we signed the letter of offer but we have yet to join them. The company can't do anything against us. If you doubt, you may contact JTK .
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arul
26/09/2012 16:37:48
Choco, I am in a similar position. Can you please post what happened - whether you were able to successfully say no or were they any legal issues involved. Thanks.
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