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 Company bankrupt before my employment, Can get compensation?

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TSlokgotz
post Oct 18 2006, 04:15 PM

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QUOTE(kimhoong @ Oct 18 2006, 02:32 PM)
Sorry if I miss out something but according to your appointment letter, your appointment will start effective from 1st November 2006. Unless they gave you an official notice, you are not yet retrenched. So, you have no right (yet) to ask for compensation.

My suggestion:
Sincerely pay a visit or give a call to company B, understand the situation and discuss the options you have.

One thing for sure, if they are going for bankruptcy, you are not getting anything for sure.

Good luck!
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what official notice do i need.....

QUOTE(happy4ever @ Oct 18 2006, 03:56 PM)
During the probationary period, means from 1st Nov onwards when you have started work, the term above applies. Now its not even 1st Nov, and you aren't even within the the probationary period, let alone an employee, they can still terminate you immediately.

Besides, the contract will be null and void if the company is liquidated (or close down)
*
yes....my commencement date is 1st november....but the letter of appointment is dated in august...that makes no difference??

from all your replies here, can i conclude that I resigned from Company A for NOTHING???

if that's the case, why the heck do i bother resigning in the 1st place??? i still think i am entitled for some compensation....

Anyway, i tried calling the MD, cannot get through....tried a few times also same....
goliath
post Oct 18 2006, 04:27 PM

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No. You did not resign for nothing. You resigned because you believed that your new job makes a difference in your working life. Somehow, bad luck struck upon you and leave you unemployed. smile.gif
TSlokgotz
post Oct 18 2006, 04:31 PM

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QUOTE(goliath @ Oct 18 2006, 04:27 PM)
No. You did not resign for nothing. You resigned because you believed that your new job makes a difference in your working life. Somehow, bad luck struck upon you and leave you unemployed.  smile.gif
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heheh....yeah.......and that translates to NOTHING.......heheh......


in fact, i am gonna use ur reply as my argument to get compensation!....hehehe....if u dont mind me using it lah... thumbup.gif sweat.gif

goliath
post Oct 18 2006, 04:34 PM

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Or maybe it is blessing in disguise. Maybe there're invisible flying daggers around you waiting to stab in your back at your previous job wink.gif

Anyway, go ahead. use it if you think it helps. Make sure you belanja me when or if you manage to get your compensation.

This post has been edited by goliath: Oct 18 2006, 04:35 PM
TSlokgotz
post Oct 18 2006, 04:38 PM

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QUOTE(goliath @ Oct 18 2006, 04:34 PM)
Or maybe it is blessing in disguise. Maybe there're invisible flying daggers around you waiting to stab in your back at your previous job wink.gif

Anyway, go ahead. use it if you think it helps. Make sure you belanja me when or if you manage to get your compensation.
*
eermmm....kinda true also....the only difference is that the flying daggers are semi visible and i have a very hard shield in my defence.....

anyway, i really hope it works out the way i wanted it....

thanks for all your replies....an goliath...if it works out, i owe u roti canai!
goliath
post Oct 18 2006, 04:40 PM

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No problem.

I favour murtabak kambing more rolleyes.gif
whoknows
post Oct 18 2006, 10:40 PM

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QUOTE(lokgotz @ Oct 18 2006, 04:15 PM)
what official notice do i need.....
yes....my commencement date is 1st november....but the letter of appointment is dated in august...that makes no difference??

from all your replies here, can i conclude that I resigned from Company A for NOTHING???

if that's the case, why the heck do i bother resigning in the 1st place??? i still think i am entitled for some compensation....

Anyway, i tried calling the MD, cannot get through....tried a few times also same....
*
1) Actual Start Date is definitely not the same compare to letter of appointment date. You are only consider to be Company B's staff starting from 1st Nov. This is black & white written in your offer letter.
2) You decided to resign because your salary etc..offer by Company B is better compare to yr current company, unfortunately if they declare bankrupt...then you are "bad luck". I am sorry.
3) You are NOT entitled for "any" compensation if they declare bankrupt. They have right to owe anyone money once declare bankrupt. But in yr case, they don't even have to pay you a single cents because you have not even work with them for a single working day. Your friend might be worse than you, because might not get full salary pay by company B. Please go make yourself clear about what is "bankrupt". Example if a Bank declare bankrupt, the chance to get back your $$$ in your saving/current account is very low. But of course, bank negara will not let this happened.

Ok, let me conclude for you. Keep thinking of "fight for compensation" is really not wise at this moment. Stop dreaming, and start to look for next job opportunity. Unless your family got $$$ to support you for few months, otherwise take action to .....seek for job.

At the end, you are the one who responsible for your future.

This post has been edited by whoknows: Oct 18 2006, 10:44 PM
TSlokgotz
post Oct 19 2006, 02:07 AM

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QUOTE(whoknows @ Oct 18 2006, 10:40 PM)
1) Actual Start Date is definitely not the same compare to letter of appointment date. You are only consider to be Company B's staff starting from 1st Nov. This is black & white written in your offer letter.
2) You decided to resign because your salary etc..offer by Company B is better compare to yr current company, unfortunately if they declare bankrupt...then you are "bad luck". I am sorry.
3) You are NOT entitled for "any" compensation if they declare bankrupt. They have right to owe anyone money once declare bankrupt. But in yr case, they don't even have to pay you a single cents because you have not even work with them  for a single working day. Your friend might be worse than you, because might not  get full salary pay by company B. Please go make yourself clear about what is "bankrupt". Example if a Bank declare bankrupt, the chance to get back your $$$ in your saving/current account is very low. But of course, bank negara will not let this happened.

Ok, let me conclude for you. Keep thinking of "fight for compensation" is really not wise at this moment. Stop dreaming, and start to look for next job opportunity. Unless your family got $$$ to support you for few months, otherwise take action to .....seek for job.

At the end, you are the one who responsible for your future.
*
1st of all, i am not dreaming......if this is a dream, the company wont go bankrupt....and i am looking for a job already...

as i said in my earlier posts, getting compensation is really out of the question....but i still have the right to fight for it.......i might be wasting my time...but at least i have a shot.......

my friend is getting compensation from the company....but he is easy as he IS an employee.....so they can still pay salary to my friend.....

anywayz, i'll see how it goes.....
Casanova
post Oct 19 2006, 02:37 AM

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Its so sad to hear this. It must have been truly disappointing. Scam of the century.
TSlokgotz
post Oct 19 2006, 04:32 AM

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QUOTE(Casanova @ Oct 19 2006, 02:37 AM)
Its so sad to hear this. It must have been truly disappointing. Scam of the century.
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it's not a scam......it is actually a small but reputable company in malaysia who's just got unlucky in september when something happened and a lot of the company's money went there....causing it to go bankrupt....
feyhime
post Oct 19 2006, 12:24 PM

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Well, your Offer Letter simply means you are offered the job and nothing more. To be able to claim anything at all, you have to be their employee (which in your case, you are not since you were scheldue to start on Nov 1). The only letter that proof that you are an employee is the Confirmation Letter/Employment Letter which you usually get after your probation period.

And since they declared bankrupt, they don't have to compensate you because they are broke and they have the right to not pay you anyway.

Just go and start searching for job instead of fighting a losing battle.

This post has been edited by feyhime: Oct 19 2006, 12:24 PM

 

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