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Patrick
23/07/2012 17:55:57
Re: What is a contract?

Hi KL Siew,

I am a fresh graduate that recently signed a '3-year' contract. It was stated in the 'contract' that:-
1) 'We are pleased to confirm our offer to you for the position of ...".
2) "Generally it is the firm's strict policy that a mandatory probationary period applies from the effective date of employment. However, it is mutually agreed that upon taking on this job position, a minimum of three-year contractual bond of employment is committed between the firm and you."

(A) Does this constitute a valid contract? I've been told that such contract must be stamped. Plus that the exact contract period should be stated. Can I know what is a valid contract?

Besides, the company is not what it really claims to be, and I feel very stressed up working in that environment. Being a fresh graduate, I feel cheated and as it was not mentioned clearly on whether any probation period is applicable, I'm quite unsure of my situation.

(B) My sis have helped me consult the Labour Department and I've been told to submit my resignation letter with only 1 month notice (in the agreement - 3 months and compensation if 3 years not served but no amount stated in agreement) as I have only work for 3 weeks. is that appropriate? Thought of getting some external advice from you.

(C) As my salary is RM2,000 with fixed monthly travelling and parking allowance of RM200.00, am I still covered under EA?

Many thanks in advance for your kind assistance.

From a very unhappy and depressed worker.
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KL Siew
klsiew.my@gmail.com
25/07/2012 08:49:24
If the words quoted by you in 2) are correct, I think the bond is not a good one and I don't think the company can succeed if they were to sue you on that. If you are not sure, go and consult a lawyer.

As for the 3 months notice, if it is stated in the contract, the condition is valid and should be followed. If you give only one month notice, the company can sue for another two months salary from you as indemnity.

As to the question of whether you come under the EA or not, the Labour Department should be able to tell you in view of the so-called travelling and parking allowances. Since you are resigning, it really does not matter whether you are covered by the EA or not.
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elainne
25/07/2012 16:39:59
In the employee Handbook it is stated that Termination by:
- employee at any point of time during employment is 3 months
- employer - during probation 1 month notice
- employer - after completion of probationary period - 3 months
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KL Siew
25/07/2012 17:58:25
However, subsection 2 of Section 12 of the EA says as follow:

"(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the term of the contract of service, or, in the absence of such provision in writing, shall not be less than:.........."
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