u signed 2 years contract but it mentioned u r allowed to leave after 6 months probation ? First time heard of this

They can sue him. If the paper he signed mentioned that he's given a 2 year contract with a 6 months probation, he can't just simply cabut after 6 month probation because technically he did not fulfil his obligation to complete the 2 years contract.

In other word, he done fuk it up.

If you're still under probation and did not sign the confirmation acceptance letter, you've a high chance of voiding the lawsuit.

Go to the industrial court and seek advice in your local town.
They should be able to handle your case and send a show cause letter to your previous company. If nothing is made within 2 weeks, then you can proceed to your new company and ignore the lawsuit.

I did 6 months as intended.

Nope, under probabtionary period, the tie contract with company is not valid.

Unless TS has been confirmed from the start of his employment.

Did you sign the confirmation letter or received it personally by acknowledging it?

If none, then you're still considered a probationary staff.

Either ways, please register a case with the industrial affairs ministry or the workers union so the company can't bring up the case against you. It's a record to safeguard yourself first.

read your contract la ...you got kena bond or what or not?

you tender within the notice period or not.

If no, they should sue and whack the crap out of you.

You car expert ....but there is a legal flaw in your argument.

You see, even if I breach any contract, the remedy is for damages or specific performance that forces me to comply . In law, especially in contract of services, specific performance is a no-no because it equates the concept of slavery, i.e you force someone to work for you. Hence the remedy available is damages.

Now, even though I promise to work for 2 years, and I work only for 1 month, what did the company lose? 1 year and 11 months of my services right? How do one quantify that in $$? In fact, the company did not lose anything in terms of monetary loss. Company cannot claim for potential economic loss, i.e loss of profit generated by 1 staff as those amount to pure economic loss.

So, technically speaking, even if one doesn't complete a contact of service, subject to an agreement to compensate (hence see my no 3), the company cannot claim anything from the employee.

Wow....you sure ka?

So in that case..the company can fire a probationer anytime since contract no valid? Fikir-fikir kan la

6 months only your probation period.
After that if the company see you fit in well, you will get permanent position.
If not go again 6 months for another probation. This usually company does.

But if the contract letter stated that you need to finished 2 year after the probation, then your screwed

Of course, you baru tau how companies are arrogant and unfair ?

Yes that's already the advantage employers hold when you're in probationary staff. They can extend your probation for a given time if they are suspiscious/ragu-ragu with your performance but the staff also has the advantage to quit with the least of time when under probationary mode.

I think they know you are leaving the country and they make a case to stop you from leaving.

maybe u fucuk them so much or they fucuk u so much....

good luck TS, will be a long battle...

thats why dun burn your bridge, the world is so small

As a probationary staff you're also not given the same benefits of confirmed staffs so yeah with this disadvantage, your resignation does not hold much water or any tying contracts with the company.

apa position?

Usually you sign one agreement for probation & a contract after your probation period is over & if you decide to continue to work.

The thing is we don't know how his contract is worded. Plus he did say 6 months probation in a 2 year contract, in which he still haven't explain that.

His company can screw him on a technicality.

Stop!... if you don't really know the answer please don't muddle it. I know this is /k but please

I will just leave this here

In Khaliah binti Abbas vs Pesaka Capital Corporation Sdn Bhd, the Court of Appeal ruled that an employee on probation enjoys the same rights as a permanent or confirmed employee and he or she cannot be terminated without just cause or excuse.

You can google the case

they cannot sue u if u didn breach the contract.

so read the contract and find out on what basis are you sued.

normal just serve notice then can ciao liao.

so read it first before u continue. if really there is a court case, for u to post this here and being found out, u might get into trouble. so becareful of what you say and type here.

If company did that then there must be contract breach. Don't ask us if you right or wrong without showing the contract. Consult lauyar if wanna proven innocent.