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 Is this legal? Or a trip to the labuor office?, Company macam xmau pay commission

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TSVoreus
post Oct 4 2023, 09:59 AM, updated 3y ago

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Do please let me know if my post have breached any of the rules

So I've worked in this company as a sales rep for a month, gave my 2 weeks notice because received a better offer

The company tells me as I have resigned during probation period, I will not be entitled to the commission from last month

I rechecked the documents I have signed (offer letter, employment terms, and incentive scheme), so far I've only found a clause that says if I hit x amount of sales I will be entitled to receive commission, and I did not find any clauses that says if I will not be entitled to the commission if I resigned during probation period.

Asked the hr regarding this couple days ago, so far that question of mine remained unanswered besides than other irrelevant excuses

Is this legal though? Does the "company have the right to alter any clauses without notice" have effect on this? Planned to visit the labour office soon

Fyi my basic is lower than 2k, and my last month's commission is around 2k
Satori 14118a
post Oct 4 2023, 10:23 AM

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During your probation period many incentives/perks don't apply or at the company's discretion.
mini orchard
post Oct 5 2023, 07:36 AM

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QUOTE(Voreus @ Oct 4 2023, 09:59 AM)
Do please let me know if my post have breached any of the rules

So I've worked in this company as a sales rep for a month, gave my 2 weeks notice because received a better offer

The company tells me as I have resigned during probation period, I will not be entitled to the commission from last month

I rechecked the documents I have signed (offer letter, employment terms, and incentive scheme), so far I've only found a clause that says if I hit x amount of sales I will be entitled to receive commission, and I did not find any clauses that says if I will not be entitled to the commission if I resigned during probation period.

Asked the hr regarding this couple days ago, so far that question of mine remained unanswered besides than other irrelevant excuses

Is this legal though? Does the "company have the right to alter any clauses without notice" have effect on this? Planned to visit the labour office soon

Fyi my basic is lower than 2k, and my last month's commission is around 2k
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If you are the boss, what would you do ?

Anyway, the company will pay ONLY if you make enough effort to claim it.

Similar to some debtors. You want your money, you take me to court.
TSVoreus
post Oct 5 2023, 12:06 PM

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QUOTE(mini orchard @ Oct 5 2023, 07:36 AM)
If you are the boss, what would you do ?

Anyway, the company will pay ONLY if you make enough effort to claim it.

Similar to some debtors. You want your money, you take me to court.
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Doesn't matter if I'm the boss or not, everything follow what's stated in the contract, no?

mini orchard
post Oct 5 2023, 12:52 PM

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QUOTE(Voreus @ Oct 5 2023, 12:06 PM)
Doesn't matter if I'm the boss or not, everything follow what's stated in the contract, no?
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No, if one party choose not to follow. Employees also have gone mia without any notice.

If contract is so 'real', lawyers will be out of business and we don't need to appoint more judges.

Welcome to world of reality.

This post has been edited by mini orchard: Oct 5 2023, 12:54 PM
TSVoreus
post Oct 5 2023, 01:28 PM

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QUOTE(mini orchard @ Oct 5 2023, 12:52 PM)
No, if one party choose not to follow. Employees also have gone mia without any notice.

If contract is so 'real', lawyers will be out of business and we don't need to appoint more judges.

Welcome to world of reality.
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Currently I'm in some people will call as "gardening leave" they won't answer any of my questions in writing so I'm not sure if I'm being terminated or not (either way they're required to pay me for the two weeks in accordance to the contract)

So in my point of view they're the one not following the contract

As for the commission, had a session with JTK yesterday and a case mentioning coming soon so good luck to me I guess
tokwae
post Oct 5 2023, 01:33 PM

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QUOTE(Voreus @ Oct 5 2023, 12:06 PM)
Doesn't matter if I'm the boss or not, everything follow what's stated in the contract, no?
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If the contract say you're entitled to the commission, regardless during probation or not, they have to pay. But they won't make it easy for you.

Get a lawyer friend to draft a demand letter with legal jargon and threaten them that you will bring to labour office.
mini orchard
post Oct 5 2023, 01:45 PM

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QUOTE(Voreus @ Oct 5 2023, 01:28 PM)
Currently I'm in some people will call as "gardening leave" they won't answer any of my questions in writing so I'm not sure if I'm being terminated or not (either way they're required to pay me for the two weeks in accordance to the contract)

So in my point of view they're the one not following the contract

As for the commission, had a session with JTK yesterday and a case mentioning coming soon so good luck to me I guess
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You can also choose not to pay the two weeks short notice and ask the co to deduct from the commission.

So, if the co sue you, then you counter sue them.

That is how 'real' contract works.

QUOTE(tokwae @ Oct 5 2023, 01:33 PM)
If the contract say you're entitled to the commission, regardless during probation or not, they have to pay. But they won't make it easy for you.

Get a lawyer friend to draft a demand letter with legal jargon and threaten them that you will bring to labour office.
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That was what I mentioned earlier. Maybe with few months b4 paying.

This post has been edited by mini orchard: Oct 5 2023, 01:47 PM
MrBaba
post Oct 5 2023, 02:11 PM

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Yes , even bank do this .
TSVoreus
post Oct 5 2023, 02:18 PM

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QUOTE(mini orchard @ Oct 5 2023, 01:45 PM)
You can also choose not to pay the two weeks short notice and ask the co to deduct from the commission.

So, if the co sue you, then you counter sue them.

That is how 'real' contract works.
That was what I mentioned earlier. Maybe with few months b4 paying.
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Thanks for the info
As long they pay out then it's fine, just wanna secure the money 🤣



 

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