Hi,

Last year I sign one agreement with my company and there stated I need to give 6 months notice if I want to resign.
That time I did ask for the reason why 6 months so long? The answer from the administrator is "You are playing an important role in this company so you will need to give 6 months notice to get someone replace you."

When I sign that agreement I didn't know from the labour law the MAX resign notice period is 7 weeks ( been working 2 years since they still a small team )

So now finally I know my right and I insist want to leave after 7 weeks instead of 6 months. is that possible?
Because when I sign they didn't mention the labour law stated 7 weeks and I feel I kind like cheated by them. I feel so pissed when I know the truth from labour law.

So since they CHEATED me on the resign notice period, can I still leave after 7 weeks follow the law or must stay for another 6 months follow the agreement I signed?

Reasons why I want to resign?
1. Relation with my boss is damaged and unrecover.
2. The project timeline are always get shorten and treat my team as SUPERMAN.
3. No OT pay for years No project bonus for years.I help them earn lots in the past few years but I get nothing in return. While boss is changing his car this year.
4. I start to bored on the situation and pissed on everything it is better I reject myseft before something bad happened to my reputation.


Please give advise to me cause I am TRAPPED on this shitty position.

This post has been edited by stanly007_2: Jun 21 2009, 02:03 AM

should call labour law office to ask. they will help us workers on questions.

Any source for the 7 weeks notice cap?

who told you it is 7 weeks ???? ... only if it is not stated in the offer letter then the due notice is 4 weeks , otherwise it will be overridden by what is stated in the agreement especially for those whose salary is above 1.5 k in Malaysia .....

I'm just curious where the "7 weeks" statement came from.
Most are already practicing 2 or 3 months notice period; which is obviously more than "7 weeks" if my maths doesn't fail me.

See your appointment letter. If didn't state they can't hold you. Anyhow you can get letter and approval from labour law and they don't have the right.

just be prepare for a lawsuit if you break the agreement. Obviously no one forced you to sign it right ?

This post has been edited by Mackiddo: Jun 21 2009, 10:36 AM

Please refer to here
http://www.lawyerment.com.my/library/doc/empl/fr/

Under
"WHAT IS THE NOTICE PERIOD REQUIRED TO TERMINATE A CONTRACT OF SERVICE ?"

"2 years or more but less than 5 years of service - minimum 6 weeks "


Correct me if I am wrong =/

If you are earning more than 1.5k then your 6 months notice (assuming it's in B&W on something you put your signature down on) is valid.

TBH you're crazy to sign a 6 month notice. Saying the company cheated you is also naive, unless they told you verbally 3 months and then quietly put 6 months, which isn't the case.

This post has been edited by deodorant: Jun 21 2009, 11:10 AM

It states minimum not maximum.

KNS, happily quote whatever you want to see and conveniently leave out the rest?



This post has been edited by deodorant: Jun 21 2009, 11:21 AM

hahaha ..human always like that. better prepare for lawsuit if breached of contract.

A contract is an exchange of promises between two or more parties to do , or refrain from doing, an act which is enforceable in a court of law . It is a binding legal agreement.That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy.

This post has been edited by Mackiddo: Jun 21 2009, 12:27 PM

maybe he does not understand the sentence? lol

if according to law, that is not true then you probably should give a call to labour office and inquire about it and seek advice from people there to see what action should be taken.

So.... I need to call labour law and ask for advise?

=/

So in no matter what....
I will need to serve the next 6 months with heartless mood? =/

---

Added on June 21, 2009, 2:08 pmI remember inside the agreement...
if I "disappear" for days then company will terminated me.

so I can disappear myself for days and make them terminated me?

or another way round? Do shit job all time.. and MAKE them terminated me?
In another way,.. if they terminated me.. they going to "ganti" salary for me xD

This post has been edited by stanly007_2: Jun 21 2009, 02:08 PM

If you're in the wrong, they're not retrenching you, you're sack with valid reason. So forget compesation.

I just want to know...

How can get out of this company ASAP and without having any lawsuit or serving extra months... ?

---

Added on June 21, 2009, 3:24 pmI am sick of it... I am bored of ... they treat me like a kid....a NAIVE KID...

I hate them !!!

This post has been edited by stanly007_2: Jun 21 2009, 03:24 PM

have you actually try TALK to them ? maybe they are willing to let you go since it'll be a win-win situation for all ?

As I said.. i playing an important role in the company...

If I disappear suddenly... most of their projects will getting delay...
and with the so peanut salary it is hard to get someone like me
( capable and CHEAP labour ) to join them...

If you the boss, will u let a capable and CHEAP worker go?

I am a programmer I did lots of the different different system can say client request what I also can fulfill.

Yet even a DELL technical support salary also higher than my....
so what the point I keep working at there?

Been discuss with boss about the salary issue but he said... every yr at 200 for me... soon will get 3k . ( my current salary is 1800 )
How long can I get 3k? or why not I go and join a work that can give me 3k straight away instead keep staying there and wait for don't know how many yrs to get the 3K salary?

Am I right?

Labour law is juz a guideline. Company can choose not to follow labour law. They can make their own company rules. When u sign the contract means u agree the rules. If rules not stated in contract then will straightaway follow the labour law.