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SK
skna91@gmail.com
06/05/2010 20:50:49
Re: Compesation to Employer??

Good day Mr. Siew

I had accepted an offer from a company which pay more than MYR1500
and after that i refuse to join this company due to some reason & not work yet at new company.

Fyi, under the column acceptance of offer of employment , the company had put it " I further irrevocably agree that should i fail to turn up for duty on "Date", i shall compensate the company one month salary (MYR 2k ++) within two (2) weeks from agreed commencement date of employment"

As the termination notice during prohibation is One Month notice.

May the above is considered break of contract under employment act?

Appreciate of your advise & reply, shall i pay the above?

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KL Siew
pesaraonline@gmail.com
06/05/2010 21:26:30
The Employment Act is not applicable to you as your salary is over RM1500.

That clause about no-show compensation payment which you have accepted, appears to be very clear and I think they can sue you for that. Consult a lawyer and get a legal advice whether to pay or not.
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SK
skna91@gmail.com
06/05/2010 21:34:33
Good day Mr. Siew

Thanks for your reply & well noted your message.

Fyi, I had conduct a pre-emploment medical examination which doctor state that "not fit for employment" so i still require to wait the company reply on the above?

Can i consult from Labour Department for the above?


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KL Siew
06/05/2010 21:48:52
Was the doctor the one appointed by the company? Yes, you may consult the Labour Department but it is possible that they may also tell you to see a lawyer.
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SK
06/05/2010 22:48:53
Yes, it's panel doctor. If the actual facts, then i compesate the amount.

Tq. Mr. Siew for your reply and time which share with me.
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KL Siew
07/05/2010 09:06:46
Then don't pay up first. Wait for response from the company since you have failed the medical exam.
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Kniz
aimmc2008@gmail.com
07/05/2010 21:47:48
Its a trite law that the employer has no right to claim any of indemnity from the employee before he is commence for employment. The rejection of employment offer is a right of an employee whether to accept or to reject. In this situation your contract was not been executed and the company has no locus standi to claim compensation.
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SK
29/05/2010 11:36:14
WRT the above reply on 07th May 2010 , may i know which clause it's refer to ?
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