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Alexander Chew
alexander_csw7@msn.com
11/02/2015 11:12:02
Re: employee agreement without tender notice

Dear All,

Good morning, i would like to seek for any assistance, one of my friends has joined a company for almost 2 months plus now, what happened was, the boss actually pushed responsibility to her and forces her to resign in 24 hours. The issue is the HR director is using Employment Act asking her to payback the rest of the days where is she was considered given short notice. the issue extends that, when she sign the agreement, the agreement has not stated any of the terms and condition, plus the HR director stated it is written in the handbook but she didn't even get the handbook, may i know whether is she still have to pay due to short notice as this was not stated in the agreement or the company should pay her for the number of days that she has worked for?

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KL Siew
klsiew.my@gmail.com
11/02/2015 11:26:06
It looks like your friend has made a mistake. If there is no agreement on notice period for termination of service, an employee must give a minimum of 4 weeks notice according to section 12 of the Employment Act. Otherwise, the employer may claim indemnity from the employee.

"12. (1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service, or, in the absence of such provision in writing, shall not be less than—

(a) four weeks’ notice if the employee has been so employed for less than two years on the date on which the notice is given; ......"
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Alexander Chew
11/02/2015 11:49:47
Thank you for the prompt reply, may i know doesn't it falls into uninformed consent??
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KL Siew
11/02/2015 14:17:00
Note the words in (2) "... in the absence of such provision in writing"
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