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23/06/2010 17:36:07
Re: Commission

Hi there, I work as a Sales Executive for 1year. I've resigned last month and when I received the salary slip 2 days back, I found out that all my due commission had been forfeited due to my resignation (it's written in the contract).

In fact, I still have RM 2,100 commission in their hand and the event finish on March 2010. Though I know I've signed the agreement, but I feel it's unfair for me as that's my hard work and effort.

After the discussion with my uncle (the expert in industrial law), he mentioned that though I've signed the agreement but if the content was unfair to the employee. I can take legal action against the company because I should get paid for whatever event that has been done before I leave the office. So, he suggest me to send a legal letter to the company. I'm not sure whether I should do it.

And I tried to talk to my boss just now and as what I expected, he said this is company policy and it's in the agreement itself so he can't do anything about it.

Another thing is as according to the employment letter, I should resign in 30 days notice but I only gave my boss 1 week notice and he was unhappy about it. I'm not sure if he can use this point against me. By the way, there are many employees in the company who just resign without notice or leave the job after working for 1 or 2 weeks.

Can I have your opinion on this?
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KL Siew
23/06/2010 20:28:58
If you are covered by the Employment Act (which covers employees with salary not exceeding RM1500), the cheapest way is to lodge a complaint at the Labour Department to recover the amount. If you are not covered, you may have to sue in civil court through a lawyer. It may not be cheap this way.
Your mistake was to give only a week's notice. Your formerly employer can sue you to recover indemnity in lieu of the period of short notice. Weigh the pros and cons first before taking action.
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