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07/02/2010 02:04:13
Re: Fixed Offer Of Employment Terms

Re: Fixed Offer Of Employment Terms

I would like to get your advise on this matter.My wife has been working with her company since March 2007 and her confirmation of appointment was given in Nov 2007 and all T&C was mention in the letter as per rquirement to the law.

I n Dec 2009 the company which she is working had change the name and a memorandum was given to her on Fixed Offer Of Employment Terms useing the old company latter head and in that letter it mention she will on a probationary period for 3 mth wef 1 Dec 2009 and it will be under the discretion to extend or reduce the probationary and all the T&C mention in this memorandum is not the same as to the 1st appointment letter.

The Memorandum did not mention anything about the Annual Leave,Sick Leave,Maternity Leave,Annual Bonus,Job Duties and Termination os Service and my wife was ask to acceptance the new T&C without the about matters mention in this letter.

Fixed Offer Of Employment Terms was not even sgin by the head of Dept but a cc was send to the GM and the Finance Manager

My question is this Fixed Offer Of Employment Terms is vaild even if it is not sgin by the head of the Dept and the others T&C are not mention in this Memorandum.

My wife is a Beautican Therapist and before 1Dec 2009 the company only allow women customers in their salon and spa but after 1Dec 2009 it was open to male customers and the company has requested my wife and other female Therapist to attend to the male customers which they have refuse to do so.

My question,can the company force this and is as my wife and the rest of the Therapist did not agreed to it as there are male Therapist who are to attend to male customers and is this allow by law.

Please advise.

THank you.
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KL Siew
07/02/2010 09:46:32
Since her salary was not mentioned, I am not sure whether she is covered by the Employment Act or not (the EA only covers employees with salary not exceeding RM1500 per month). If she is covered, she can bring a copy of the "Fixed Offer Of Employment Terms" contract to the Labour Department and discuss the problems with one of the officers there. If she is out of the scope of the EA, the Labour Department may not be able to help. She herself will have to negotiate all the T & Cs. I can't mention as I don't what it is all about. If attending to male clients is not part of the deal, just don't do it. Sometimes, we have to stand firm on our rights.
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