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25/04/2010 10:57:33
Re: Broken of a contract of Service?

Hi Mr Siew,

I am under probation employee, the Company Hand Book stated that the termination notice should be 2 weeks for probation of employee, whereas appointment letter does not mention about termination notice. There is a clause in the appointment letter : other terms & conditions shall be in accordance to company's policies & procedures / company hand book.

I joined this company sometime in March 2010, the company only pay my salary on mid of April (March salary). My Earn salary is more than RM1500 per month.

A)My question is it this deem to broken a contract of service by employer?
1) Employer fails to pay wages in accordance with the terms stipulated in Employment Act 1955, which our salary pay after 7th of the following month.

B)If I tender my resignation, should I need to give the 2 week notice, if the employer has broken the contract of service in term of pay wages after 7th of the follosing month.

Thanks in advance for your kind assistance on this.


It this is deem to be broken of a contract of service
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KL Siew
25/04/2010 20:59:31
Don't count on that Section as you are not covered by the Employment Act. Better for you to serve two weeks notice.
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Ashley Seow
27/04/2010 11:12:01
Hi Mr.Siew,

I joined my current company from 4/1/10 as account executive. I did tender on 30/3/10 & served 24hrs notice whereas according to appoinment letter.
The reason why i resign is because this company didnt submit EPF for 2years & employees get salary late about 15th every month.
But management not accept & hold my resignation letter & asked me to stay & help this company. After consideration & had a meeting with directors on middle of this month, i decided to stay & my director verbally says if i stay, company will confirmed me immediately. By the way, i didnt received & sign confirmation letter from HR till today.
The director was called me & told me yesterday that company having cashflow problem & management decided to outsource, company not gonna to confirm me. Im still working in this company & i pregnant 4mths right now.

I am not sure what can i do now?!! Should i make complain about EPF issue? Can i get any extra pay if company terminate me in this way?

Thanks in advance for your kind assist.
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