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Gaz
gazza_kong@hotmail.com
28/01/2015 13:32:48
Re: Company issued email indication to continue expired contract, no actual ne contract supplemented

I have been hired under contract & serviced this Company for 1 year. Approaching expiry date I approached HR for determination on renewal of contract.HR issued email instructed me to take cooling period off and returned to work on certain date and claiming the contract would be ready on the first day but indeed it has not, there were no contract in place as I wrote on this forum. Based on previous contract my pay structure is half as basic and half as site allowance. Into the 22nd day of 1st month of work, HR verbally interviewed me and "offered" me a transfer with site allowance waived which I have put on hold for consideration. My current supervisor has not released me from duty nor approved on the transfer. Towards the months' end I have discovered that my site allowance has been deducted from my salary without my agreement nor has it been notified to my supervisor which I am still reporting to. My previous contract do specified that the Company has the right to transfer me, if I do not agree, the Company has the right to terminate my contract. Thus I presume the issues can be separated into 2:
1. the new contract not in place and I have already started work based on email from HR assuming my pay structure would be the same as per old contract. Where do I or the law stand in this case? Is it legitimate to imply that my new terms would remained the same as old one as no contract supplemented until now.
2. I wish to recover my site allowance. What ground do I have? I have never received any release note from my superior nor from HR instructing the transfer. Throughout this period I have actively involved on site and performing my job as per stipulated in the previous contract.

In search of wisdom mind.
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KL Siew
klsiew.my@gmail.com
28/01/2015 14:01:50
Well, in my opinion, a new contract should have been properly negotiated before starting the new round of work. just can't take things for granted with them I suppose. What you have to do is to sort out the details and get a proper new contract. Otherwise, may have to look for greener pastures.
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Gaz
gazza_kong@hotmail.com
02/02/2015 09:44:21
Just fired an email to my HR department demanding the basis of my site allowance deduction. I have also ask for the procedure for me to express my grievances. Will see how this developed. Will update in due course.
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KL Siew
02/02/2015 10:09:38
I think it would better to have face to face discussion rather than by email.
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