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 Re-sign 's notice period., I am TRAPPED !!

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seantang
post Jun 21 2009, 05:05 PM

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QUOTE(stanly007_2 @ Jun 21 2009, 10:52 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 =/
It also says "Where the period of notice of termination is not specified in the contract of service,..."

You mentioned you signed a contract agreeing to 6 months notice. So, if the lawyerment.com.my link is correct, it still won't apply to your case anyway.


Added on June 21, 2009, 5:14 pm
QUOTE(stanly007_2 @ Jun 21 2009, 04:23 PM)
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?
Firstly, people crucial to the company are always treated well. That's why most successful restauranteurs always pay their chefs very, very well. Especially if the chef is outstanding. They know that if the chef leaves, they can close shop.

Think about it... if you're so important to the company, why would they treat you like crap? It's not logical, is it?

Anyway, that's beside the point of your post, which is how to leave before 6 months is up.

Like Mackiddo said, talk to your boss. If I were you, tell the boss that you would like to leave soon. Tell him straight that you want to leave after 1 or 2 months and you hope the company will be kind enough to release you. If he doesn't agree, tell him you won't mind staying for 6 months per the contract... of course, but you are so "mentally stressed" that you are "concerned" that you might not be able to complete your "work or duties satisfactorily" within that period. It's a thinly veiled threat, but if you're so stressed out, you've got nothing to lose. The worst he can do is just fire you... which gets you exactly what you want. They can't put a gun to your head and force you to perform, right?

The choice for your boss is (1) keep you for 6 months but you deliver nothing / he fires you before 6 months is up.. or (2) let you go after 1 or 2 months and he hires someone new. His choice.

This post has been edited by seantang: Jun 21 2009, 05:18 PM
Vv.SoViEt.vV
post Jun 21 2009, 05:25 PM

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QUOTE(seantang @ Jun 21 2009, 05:05 PM)

Added on June 21, 2009, 5:14 pmFirstly, people crucial to the company are always treated well. That's why most successful restauranteurs always pay their chefs very, very well. Especially if the chef is outstanding. They know that if the chef leaves, they can close shop.
never heard of chinaman company? I believe ts position is crucial if not 6months of notice period is totally unnecessary.

Find a better job offer and jump.
seantang
post Jun 21 2009, 05:35 PM

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QUOTE(Vv.SoViEt.vV @ Jun 21 2009, 05:25 PM)
never heard of chinaman company? I believe ts position is crucial if not 6months of notice period is totally unnecessary.
To a Chinaman boss, the only crucial person is him. If he thought he could get away with it, even the office boy will have a 6 month notice period. It's all about how much he can squeeze out of his employees. And he's not afraid to squeeze tight, because none of his employees are crucial.

This post has been edited by seantang: Jun 21 2009, 05:51 PM
morpheuzneo
post Jun 21 2009, 06:34 PM

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if what you say is true.. i.e - your salary is low.., then - just wait for your salary day.. and give a 24-hour resign notice lah.

if you salary is below 3k.., then it is worth for you to just dissapear after you're getting your salary.

make sure all your epf.. is remitted consistently. (check 1st.. with epf office)

normal reaction from ur company is to threaten to sue you - but u just 'buat bodo' .. they(the company) normally would not pursue furhter than warning or threaten.

it's quite costly affair to sue the employee.. and sometimes they lost.. smile.gif


Mackiddo
post Jun 21 2009, 06:55 PM

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QUOTE(morpheuzneo @ Jun 21 2009, 06:34 PM)

normal reaction from ur company is to threaten to sue you - but u just 'buat bodo' .. they(the company) normally would not pursue furhter than warning or threaten.

it's quite costly affair to sue the employee.. and sometimes they lost.. smile.gif
*
I have heard so many advices before and yet this one beat em' all with its stupidity. rclxms.gif

This post has been edited by Mackiddo: Jun 21 2009, 06:56 PM
TSstanly007_2
post Jun 21 2009, 07:03 PM

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QUOTE(morpheuzneo @ Jun 21 2009, 06:34 PM)
if what you say is true.. i.e - your salary is low.., then - just wait for your salary day.. and give a 24-hour resign notice lah.

if you salary is below 3k.., then it is worth for you to just dissapear after you're getting your salary.

make sure all your epf.. is remitted consistently. (check 1st.. with epf office)

normal reaction from ur company is to threaten to sue you - but u just 'buat bodo' .. they(the company) normally would not pursue furhter than warning or threaten.

it's quite costly affair to sue the employee.. and sometimes they lost.. smile.gif
*
My salary is 1800 only... so I can give 24 hrs resign notice tongue.gif

And I got talk with boss but... he said... he can't afford much...
and he SHOOT me one word... "If I give you double or triple salary is it possible that you can handle 2-3 man power?"


>.>
I am very regret I join this stupid company and also so STUPID SIGNED THAT AGREEMENT without refer to my friends 1st.
I learned my lesson well this time. smile.gif
roy918
post Jun 21 2009, 10:58 PM

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QUOTE(stanly007_2 @ Jun 21 2009, 02:01 AM)
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.  cry.gif  cry.gif  cry.gif
*
How true are your statements?
Normally the contract is signed when you 1st got hired or after you got promoted or there is salary increment.
TSstanly007_2
post Jun 21 2009, 11:07 PM

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QUOTE(roy918 @ Jun 21 2009, 10:58 PM)
How true are your statements?
Normally the contract is signed when you 1st got hired or after you got promoted or there is salary increment.
*
Years ago when I work under this company they just a team without a proper registered company.
( intro by a friend )

After that the company business grow.... last year finally the boss register SDN BHD and every workers ( news and old ) need to sign another new agreement which is pages instead of one peace of appointment letter which I got 3 yrs ago.


So this is the case.

When thru lots company for interviewing... but once they saw my 6 months notice period. I get rejected.
( all of them only willing to wait me 1 month. )


I cannot resign before I got my new job that is risky.

So you see I am stuck in this DAMN SHIT TRAP.
b00n
post Jun 21 2009, 11:12 PM

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QUOTE(stanly007_2 @ Jun 21 2009, 07:03 PM)
My salary is 1800 only... so I can give 24 hrs resign notice tongue.gif

And I got talk with boss but... he said... he can't afford much...
and he SHOOT me one word... "If I give you double or triple salary is it possible that you can handle 2-3 man power?"
>.>
I am very regret I join this stupid company and also so STUPID SIGNED THAT AGREEMENT without refer to my friends 1st.
I learned my lesson well this time. smile.gif
*

Let's put it simple and plan.
You've signed the employment contract with the company.
No matter what salary you earn, you're in actual fact bounded by the contract you've signed.
So if you're offer letter says 6 months notice period and previously you've read and acknowledge it; than sorry, don't think anyone can help you.

The only real way is to convince your boss to let you off earlier. That's the only possible way I see, provided that your boss agrees. If he doesn't than good luck.


Added on June 21, 2009, 11:15 pmOh forgot, another way is to get the new company to pay off your notice period. wink.gif

This post has been edited by b00n: Jun 21 2009, 11:15 PM
TSstanly007_2
post Jun 22 2009, 01:32 AM

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Oh MY... this is SUX..

CURSE HIM !!!!!!
IMBROKE
post Jun 22 2009, 09:00 AM

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QUOTE(stanly007_2 @ Jun 21 2009, 03:24 PM)
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 !!!
*
Serve the 6 months notice or pay them 6 months salary in exchange for the notice period. whistling.gif
SUSahjames
post Jun 22 2009, 09:08 AM

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1) resign now if u so wish

2) in future please do not sign any document that you feel will put u in such disadvantages

remember, no one force u to sign one, the CHOICE still in ur hands.


TSstanly007_2
post Jun 22 2009, 10:23 AM

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Yes...

I did learned my lesson... a very good one....

CHINESE BOSS are all SUX

NO OT !!!
NO Project BOnus !!!
Year end Bonus also like peanut.. ( one month salary only )


To those pro out there.....

NEVER EVER WORK WITH STINGY CHINESE BOSS !!!
SUSahjames
post Jun 22 2009, 10:51 AM

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1) learn to work for your monthly salary

2) learn to manage ur expectation of the word *bonus*
TSstanly007_2
post Jun 22 2009, 11:47 AM

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ahjames:

Sorry i didn't get what you mean by that 1. and 2. =/
chezzball
post Jun 22 2009, 12:14 PM

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QUOTE(stanly007_2 @ Jun 22 2009, 11:47 AM)
ahjames:

Sorry i didn't get what you mean by that 1. and 2. =/
*
-
TS, you cant only rant and rant... even when this thread reaches 100 posts.. you'll still be here ranting and ranting...

you know u are underpaid
you know u want to leave
you know u are not happy
you know u hate the boss

be a man, do the right thing...

it's either u serve that 6 months notice
- and do shitty jobs
- go late leave early
- give them monkey

or

go for interview and tell them ur notice is 1 month, and when u get the new offer
- resign 24 hours notice right after u get ur salary
- resign 1 month later with 24 hours noticell

or

search for pirated software in the company (since boss is chinamen) and if u report to the dunno wat wat BSA thing... they will close down the company and u can cabut free

or

continue rant here and get your Senior membership post count

SUSahjames
post Jun 22 2009, 12:26 PM

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QUOTE(stanly007_2 @ Jun 22 2009, 11:47 AM)
ahjames:

Sorry i didn't get what you mean by that 1. and 2. =/
*
dun put hope on ur increments and bonus, those things are unhealthy to ur mind.

if u get 5k a month, work on that.

dun go and keep thinking about the bird in the bush.

i work for my monthly salary.

i heck care if i no increment/bonus. not happy i go somewhere who pay higher monthly.

no one can promise u increment/bonus/promo.
TSstanly007_2
post Jun 22 2009, 01:27 PM

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Ok guys I know what to do now smile.gif

Thank.


I will throw my letter once I got my paycheck this month.


Added on June 22, 2009, 1:28 pmAt first I really tot labour law able to help me on this trap..

But after so many feedbacks.... I start to believe it wont help me at all....


Very sad to know this...

This post has been edited by stanly007_2: Jun 22 2009, 01:28 PM
Vv.SoViEt.vV
post Jun 22 2009, 01:40 PM

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QUOTE(chezzball @ Jun 22 2009, 12:14 PM)
TS, you cant only rant and rant... even when this thread reaches 100 posts.. you'll still be here ranting and ranting...

you know u are underpaid
you know u want to leave
you know u are not happy
you know u hate the boss

be a man, do the right thing...

it's either u serve that 6 months notice
- and do shitty jobs
- go late leave early
- give them monkey

or

go for interview and tell them ur notice is 1 month, and when u get the new offer
- resign 24 hours notice right after u get ur salary
- resign 1 month later with 24 hours noticell

or

search for pirated software in the company (since boss is chinamen) and if u report to the dunno wat wat BSA thing... they will close down the company and u can cabut free
thumbup.gif  thumbup.gif  thumbup.gif

or

continue rant here and get your Senior membership post count
*
haha. if you leave before 6 mths notice period, the boss can file lawsuit against you. but again I want to remind you that many bosses use such tactics to scare you. not many will use lawsuit against their employees.

the best suggestion is after you get your salary, talk nicely n seriously to your boss that you are willing to fight for shorter notice. only then you follow either chezzball's suggestion. rclxms.gif
TSstanly007_2
post Jun 22 2009, 04:24 PM

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but isn't that showing me got a terrible working ethic?

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