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? =/

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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... ?

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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.

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.

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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.

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

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.

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

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..

I have heard so many advices before and yet this one beat em' all with its stupidity.

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

My salary is 1800 only... so I can give 24 hrs resign notice

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.

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.

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.

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

This post has been edited by b00n: Jun 21 2009, 11:15 PM

Oh MY... this is SUX..

CURSE HIM !!!!!!

Serve the 6 months notice or pay them 6 months salary in exchange for the notice period.

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.

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 !!!

1) learn to work for your monthly salary

2) learn to manage ur expectation of the word *bonus*

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

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.

Ok guys I know what to do now

Thank.


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

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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

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.

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

i tot u decided liao... dont think liao... do it !!!!!!

Yes yes... do it.. X.x

remember to keep us posted

OFcuz sure

so how TS? found any pirated software they use dy?

Haha.. I not going to do that la..

They are the bad guy NOT ME...

so I won't be the bad guy either. to report them....

Beside one of the share holder of the company is my friend's brother. If anything bad happen to this company... I might become his enemy xD

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Added on June 23, 2009, 4:17 pmNote: Even thought his brother is one of the shareholder of the company as he not the CEO so... he can't help me either..

This post has been edited by stanly007_2: Jun 23 2009, 04:18 PM

Hi,

status update...

I just past my resignation letter to HR department


Just stick there 1 month notice. Havn't get any answer from boss if approve or what....

still waiting.....

You are just stupid signing that, you give a promise, you have to keep it. If you sign a contract saying will work for a person for RM1 per year, that's your problem, unless you have proof that he is pointing a gun on your head, else no matter what reason you give, you are important, you are too good, salary is too low, boss sucks, government unfair, traffic is bad, moon is round, gravity is 2x, doesnt change the fact that you are trying to look for excuse for mistake that you have made.

Yes guys, I resigned and boss didn't keep me for 6 months.
But he did give me 3 months. Minus my 1 month leave I still need to work there for another 2 months.

But I insist I want to leave ASAP. So I give 2 months notice which minus one month leave I only need to work there for another 1 month xD

In one condition, I need to finish the job on my hand with in this last month and hand over others tasks to my juniors ASAP. xD


It is great !! Night mare OFF


One of the director there said... if they need me they will out source to me xD ( earn extra here xD )


Lesson learned !! Never sign any contract or agreement blindly... it is SUX when thing turn to another side xD

don't spoil ur own reputation, send out the resignation and work another 6 months, during the meantime apply for other company, cos u are in this line of job.

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Added on June 27, 2009, 11:01 amHappy that u make it alive, good luck

This post has been edited by ssiapf: Jun 27 2009, 11:01 AM

Hehe... 6 months is NOT REASONABLE AND NOT ACCEPTED.

even HR ppls also know that.

But if there got ppl so stupid like me.... go and signed it.. then it will become accepted.

So make sure the agreement is review by many trusted ppls before sign it.

glad to knoes it turns out ok so far.

about that outsource thing, be careful on payment. many time i do outsource job get burn, company drag payment for many many months.

Not true. the RM1.5k doesn't hold in labor law anymore.


No, companies MUST follow it. Otherwise it'd just be called labor guideline, and not labor law.

Well... why didn't you take the opportunity to ask him "how much are YOU earning?"

The lesson you should learn here is that you can take control of the situation. Nothing is set in stone, even if it's a contract, as people are still protected by the Contracts Act.

Hi, Spanker thank for your advise.

Btw, one of my friend keep asking me to give the 24 hrs leaving notice.

He said.. by giving this company cannot DO ANYTHING TO YOU and can AVOID ALL CONTRACT or AGREEMENT.

WTF is this law? So powerful ?


wonder if I can use it?

Any peoples heard about this rule in Nalaysia law? Or even use before?

Can ... 24 hours notice then you pay the company 6 months salary, no problem.

Spanker >> I'll admit I haven't bothered keeping up with labor law developments. Labor law mandates paying of OT, doesn't it? And yet every single friend I have (myself included) works OT for free in various big and small firms, local & MNC, in varying industries.

Hell, I know lots of bankers who pull super long hours without any OT payments, and knowing how strong the unions are this wouldn't be happening if they had a case to fight, no?

But my friend said.. not need to pay company anything just cannot claim for that month salary only =-=

TS ur problem settle liao just close thread lah...

don't abuse the labor law ok...

of course people can do ANYTHING they want

but there are consequences awaits them

You can leave on the spot too... nobody gonna stop you

but your reputation will go down ... deep

but then again, depends on your position and the field.

Okies