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Pat Yeo
21/04/2010 14:49:18
Re: Appointment as Teacher under Contract

My niece while waiting for her result was employed as teacher with a Tuition Centre for 4 months from 1/3/2010.
In the employment letter, it only mentioned the salary per month.
There was no mentioned of the working hours. She worked 52 average per week with no overtime pay. In addition she was requested to work on practical with no pay.
The duties & Responsibilities mentioned teaching & supervising students and any other duties that may assigned from time to time. However these covers cleaning and cooking as well. No lunch or break time given. Termination of Employment - if termination of contract without any reason, a sum of RM2,000/- as compensation must be paid.
Now she sent n resignation letter giving reasons for termination contract but was asked to pay RM2,000/- as compensation by 3/5/2010.
Please advise what can she do. Is there any wrong on her part. What is her rights. We can email the Employment Contract if needed.
Thank you.

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KL Siew
21/04/2010 15:45:24
Tell you niece to bring a copy of the employment letter and seek advice from the Labour Office. You can get the Labour Office address here.
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Pat Yeo
21/04/2010 16:01:28
We have gone to the Labour Office. They confirmed the employer has gone to the office but did not lodge ay claim against her. They advised her to calculate the o/t hours and 4 days working without pay and try to settle with the employer. We went to see her but refuse to entertain us. She said she has file in and see in Labour court and give us the letter demanding for the RM2,000/- instead. She has signed the letter without knowing the seriousness of it. Has the employer got the right to demand the sum under this kind of circumstances.
She mentioned that she worked with a listed company in the HR Department and seems to be very verse and know to the department very well. Just a call she can get everything done.
We have limited time as we need to check the company registration before lodging an official claim and do not know what else the Labour Department need. Have tried to call the office but no one answer the phone. Do not want to waste time. If you can let me know what are the documents that need to bring along.
Hope you understand our situation.
Please help.
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KL Siew
21/04/2010 16:58:35
You just have to know the centre's correct name and address, never mind about checking company's registration. The basic documents required are the IC, employment letter and how much the tuition centre owes her in overtime. It may be helpful for you to bring your niece along to lodge the complaint.
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Pat Yeo
21/04/2010 18:06:52
Thank you very much for your assistance.
We were told by the Labour Department staff that we have to go with the copy of their company registration or licence. I will go to SSM to check this.
Thanks a lot anyway.
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