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> Kena con during interview, how to escape?, Jumped ship but wrong move

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malleus
post Jun 10 2021, 08:57 PM

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QUOTE(manpower4x4 @ Jun 10 2021, 05:26 PM)
This i was arguing with him for so long. He said that rejecting signing does not only mean not hiring since my payroll and email all setup. It will be a breach of employment contract (not sure if it's true) and the company may want to file claims on me for the costs incurred in my hiring.
Notice during probation is 1 month from date of acceptance of resignation.

Err how to reject politely?
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This is the interesting part here. You should ask back, what happens if you refuse to sign the second letter? As after all, they are not allowed to do wage deduction without an employee's consent, unless it's under severe circumstances where all other cost cutting measures has failed. And the fact that they're still hiring means they have not exhausted all other cost cutting measures.

malleus
post Jun 10 2021, 09:00 PM

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also, kind of a long shot, but something worth while trying if you have very good relations with your current boss and/or current company.

perhaps consider bringing up this situation to them, stating that you would like to stay, and see what they can help out with.
Murasaki322
post Jun 10 2021, 10:38 PM

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Red flag

Good that the company expose their darker side and negative culture before you put both legs in.

Negotiate your way out. Even if not, stay away anyway.

Worst case company blacklist you from ever joining them.

Since your current company still wants you to stay, you have the upper hand.
adamhzm90
post Jun 11 2021, 12:38 AM

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Ffk je. They wont bother with legal procedures la.

It'll cost them money to go court too unless you're chief level
Blofeld
post Jun 11 2021, 12:59 AM

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The employer changed the terms of the contract (after you have signed) which you did not agree to.

So, that makes the contract null and void.

Just make sure you keep all the correspondence carefully in case if they want to sue you, which is very unlikely.

They themselves changed the terms of the contract. They should know better they are at the wrong.
mataharih
post Jun 11 2021, 09:58 AM

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If you haven't signed and acknowledged the change in salary, you're good. The new company can't force you to join them but sounds like they're trying to scare you. If you reject the offer, they might just blacklist you from applying or working for that company again.

They might threaten to sue you but I don't think they have a solid basis (since they changed the salary), and it would be for a very nominal fee. You can read more here: https://asklegal.my/p/company-letter-offer-reject-malaysia.
mini orchard
post Jun 11 2021, 10:44 AM

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Not sure why few forumers said about being blacklisted from joining the co in the future.?

If someone slap another on the face, will the victim invite the person for coffee the next day ?
ZZMsia
post Jun 11 2021, 12:32 PM

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QUOTE(mini orchard @ Jun 11 2021, 10:44 AM)
Not sure why few forumers said about being blacklisted from joining the co in the future.?

If someone slap another on the face, will the victim invite the person for coffee the next day ?
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If this experience happens to me, the last thing I will worry about is being blacklisted.
I will blacklist the company forever.

Also, a company undergoing cost reduction should not be hiring staff

Maria Takagi
post Jun 11 2021, 02:09 PM

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Check terms in offer letter whether they can change like that or not

Feel sorry for ts

This co sound so chinaman
porkrose
post Jun 11 2021, 02:50 PM

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sounds not right and better stay in current company

UserU
post Jun 11 2021, 07:58 PM

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Strange, a new offer letter should nullify the old one.
TSmanpower4x4
post Jun 12 2021, 09:31 AM

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QUOTE(UserU @ Jun 11 2021, 07:58 PM)
Strange, a new offer letter should nullify the old one.
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Company mentioned this is not a case of new offer letter... Rather, it's a case of letter of redesignation only.
malleus
post Jun 12 2021, 11:09 AM

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QUOTE(manpower4x4 @ Jun 12 2021, 09:31 AM)
Company mentioned this is not a case of new offer letter... Rather, it's a case of letter of redesignation only.
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well, it does look like what you can try to do is to refuse to sign the letter agreeing to the pay cut. and tell them so, then see how they respond to it.

if they try to tell you that in this case, you just won't get paid until you sign, then remind them that it's illegal to do so. and that legally they can only do a pay cut on you should you agree to it, and you do not agree.
TSmanpower4x4
post Jun 12 2021, 12:34 PM

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QUOTE(malleus @ Jun 12 2021, 11:09 AM)
well, it does look like what you can try to do is to refuse to sign the letter agreeing to the pay cut. and tell them so, then see how they respond to it.

if they try to tell you that in this case, you just won't get paid until you sign, then remind them that it's illegal to do so. and that legally they can only do a pay cut on you should you agree to it, and you do not agree.
*
Oh that's good to hear le... Didn't know must consent only they cut. What can they do if I don't agree? Well I wish they fire me.
malleus
post Jun 12 2021, 01:44 PM

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QUOTE(manpower4x4 @ Jun 12 2021, 12:34 PM)
Oh that's good to hear le... Didn't know must consent only they cut. What can they do if I don't agree? Well I wish they fire me.
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Legally they can either pay you the original amount, or choose to terminate you. But you'll only know for sure once you have that conversation.

But before you do so, go and look up the relevant sections of the Malaysian employment act, print it out if you need to, bookmark and highlight the relevant sections so you can easily cite it back as needed when talking to HR.

Non consensual pay cuts can be legal, but if and only if all other cost cutting measures has failed, and the company is in danger of collapsing. and if they are still hiring, then they don't fall into this situation.
ZZMsia
post Jun 12 2021, 02:25 PM

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QUOTE(manpower4x4 @ Jun 12 2021, 12:34 PM)
Oh that's good to hear le... Didn't know must consent only they cut. What can they do if I don't agree? Well I wish they fire me.
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Seriously,
after all this advice, why are you even considering to join that Company?
may I know?

TSmanpower4x4
post Today, 12:56 AM

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QUOTE(ZZMsia @ Jun 12 2021, 02:25 PM)
Seriously,
after all this advice, why are you even considering to join that Company?
may I know?
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Well not that I want to join, the hr is using the offer letter I signed against me. He kinda gangster on me saying I should know what I have signed and what powers they hold....

And yes, the HR guy has written me a wonderful email:

Dear Mr. XXX,

As per our Tele-conversation, I have gone through the whole process with the hiring manager and the department director. It seems that the department director is not allowing such irresponsible act and would therefore require you to reimburse all hiring costs related to this position up to 12th June 2021. The vacancy is now deemed urgent as the resigning person is leaving on 18th June 2021. It is a formality that our team allows you to sign a consent form on the salary adjustment and redesignation to Managerial level. We have obtained legal approval from related government authorities on the salary adjustment as this was declared as a restructuring for survival. As such, the amount that will be claimed against your good self will be a total of 1 months salary in lieu without any deductions or adjustments. Should you continue to refrain signing the redesignation letter, a legal notice from our lawyer will be issued to you.

Regards,
Mr YYY
ZZZ Company Sdn Bhd
coolguy_0925
post Today, 01:11 AM

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The way this company is handling the topic is very unethical

Anyway, this is corporate world

Showing all the glory things but at the back anything could happen

All the best to TS, my moral support to you

 

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