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Celine YON
22/04/2010 15:45:33
Re: Appointment confirmed but then asked to resign

Dear Sir,

I started working with a salon operator in September 2009 with a 3 months probation and with RM900. I got my confirmation letter in December 2009 with an increase in salary of RM100. The new letter also stated that I am eligible for commission.

In January, my payslip however show my salary remained RM900. When I asked my boss, he said my performance no good therefore deduct my salary. No letter was given to officially inform me of the deduction or any warning letter asking me to improve myself. In February 2010 just before chinese new year, my boss asked me to see him in his office. During the close door meeting, he had asked me to resign with reason that my performance has never been good from the start. I was very blurr and scared so I asked if he is not happy with my performance, can I change job to be the receptionist (since he also wanted a receptionist). He told me actually he wanted me to get out of the company. then he asked me to go out.

After chinese new year, I was not allowed to work there anymore. When I pleaded to him to allow me to work for 2 more weeks so that I can find a job, he refused. I told him that I will report to the labour office and he said that if I do so, then he will purposely tell the officer he never ask me to resign but I didnt come to work (missing in action).

Now he wants me to give him my resignation letter otherwise he will not pay me my February salary. What can I do? I went to the labour office to complain and he told the labour officer exactly what he said to me about me missing from work. He make himself look so innocent. The labour officer now wants me to provide proof that he asked me to resign. Where can I find proof???

Please help as the first court case is in May 2010...thank you.
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KL Siew
22/04/2010 18:33:34
Since you were not allowed to work there anymore after Chinese New Year, there could be some of your colleagues who knew about it or saw what actually happened. Call some of them to be your witnesses at the Labour Court. If there is no witness available, I have come across case where one party challenged the other party to chop off a cockerel's as proof of truth.

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