The best way is to check with the company HR. If your friend insisted to resign with 2 weeks notice, the only thing the company will do is to on-hold his latest pay with all EPF and taxes. I personally don't think the company will sue your friend as the money need to pay for this is higher than your friend 1.5 months.

Employment contract is simply put it a binding contract, yes it does give the right to the employer to sue if the employee goes Awol and works with another company without giving the 2 months notice.

Your ex-emplyer can basically take your contract and go to your current employer and force them to terminate your employment contract because they know that your still being bound by an already existing contract.

Next time before anyone pen down your name on any paper read the fine prints!

Sum it all up that person got owned.

if the company is a big company and is located in malaysia, u may resign any time. I know the company has the rights t sue u if u dont give a 2months notice. Company wants to sue, sue lah. They will have a very long list before getting to u. But this is malaysia, u sue small worker, what do u expect from them? pay 2months salary? I dont think the company will push u a lot or even drag a lawyer and police to sue you. companys have other big things to focus on. Besides, they wont know wether u will pay or not. Highly lightly, u wont pay at all. So, just quit and run away, and dont look back. Just pray for the company to be bankrupt! Hahahaha!

Very true, according to da labour law or da employment law, its da green book u get from every book store, u r required 2 payback if u give insufficient notice period when u resign. N they have every right to sue u for compensation.

But, at times like dis, will da company sue u? If its a 50-50 chance of winning, its a big chance dat da company will not sue u. They will risk paying da court fees n in da end get peanuts out of it.

Be reminded also, dat most of da time, companies use da word law action alot, but in da real case, its just another tool to scare ppl. Unless there r an MNC with a team of lawyers at their disposal n issuing a lawyer letter is like writing a normal memo to them, then they will probably sue u. After lal, court case or not, they still need 2 feed their lawyers rite. lol

Best way is ask your friend to totally super under-perform, so that his boss has to fire him and pay him the 2 months instead ... super-win!

IMHO..your friends will survive from being discharge of court case.
From my late experience, I ever get quit from my previous job with only SMS notice which break the rule of 1month notice.
My previous employer did only ask whether I confirm want to quit from their office. Other is depend on their kindness of board member that usually wont commit very indirectly with Labour Act as they had handle a lot of crucial matter such as Foreign worker etc that slightly disobey the rule.thanx

It is already stated in the contract to give 2 mths notice.My friend also got KPLI and she gave only 1 week notice.She's suppose to give 1 mth notice but because of the time constraint,she just pay back the company for the other 3 weeks.

in contract definately must pay if short notice...but the company can give exemption....however my advice is get everything in black n white to avoid any future dispute...

sinarai hitam only la bro.... u know... the world is small. "sue" only make u scared only la. small potato only sue wut? lawyer n court fees also more than ur salary ade....

don pay, just run!
hahahaha - Malaysian are like that!

1.8k is small salary, if the firm wanted to sue you then you pay after they sue you lah. Just defend that your salary low and you opted for better opportunity.

My humble advice: pay only after they sue you! If you pay before they sue then you had wasted your opportunity.

agreed..
many my friend just run and no one get sued...
thats because their basic salary not more than RM2.5k...
so company will not get any profit suing u...
but if ur salary/ month quite high.. it possible

agreed with u too...i'm also doing the same thing.got last salary and cawww...never look back.if the benefit of the company not so goodla.. if good at least give a noticela...

dude, you make it sound as though the company you have in mind is into slavery.

When an employee leaves the company (be it either with sufficient notice or not), the contract is ended. If in the case whereby sufficient notice is not given, the contract is still ended but the employee had breached a clause in the contract hence the employer can bring the employee to court for breach of contract.

The contract between an employee and employer is not as binding as you make it sound such as haunting the employee wherever the employee goes. As long as one party to the contract just refuses at any time to follow the contract, then the contract is null and void.

company alway right, no matter how good we are, the affort we contributed, if one day you become useless or not more valuable, than you will be doom.

Excuse me for saying this but I deeply support in your friend paying back the company. Of course, it might sound a little stupid to pay back that much but it is still a policy. It would be stupid to not pay back, not to mention because of all these idiots who thinks they are so great and can choose not to follow any rules are what contributes to how our country is today.

It is a hassle to sue you but if your boss is so pissed off at you, I'm sure he wouldn't mind those few steps of getting him Sued ! ..

Ayo.. you guys, check when the topic was started .. way back in 2007.. surely his friend already went off already .. I've yet to see a company goes and sue those who break up the employment contract..

When two parties enter into a contract, all terms are binding. Just as you expect the companies to pay you monthly as per the contract statement, they too expect you to give them (and them give you) sufficient time before resignation.

When the companies don't pay you, you come to this forum and whine. When you want to breach the contract by leaving just like that, ... (you tell me).

When parties sign to a contract, both have AGREED to the terms. If a party or parties do NOT, then it will not be binding and further revisions of the contract will have to continue.

In terms where the terms cannot change, then there will be no contract. No one gets hired.

This post has been edited by kaiserwulf: Feb 3 2009, 01:06 PM

There seems to be two schools of thought here, for those forumners out there proceed with caution with what you do when you resign from a company.

The employment contract is binding so long you are employed. And the contract is, in a way governed by Malaysian Employment Act. Similar to your expectation to be paid monthly as stipulated, the employer would expect you to fulfill your side of requirements. Leaving without sufficient notice is still governed by the contract, thats why you see the clause of x months notice or you have to fork out x amount of money to pay your way out. So, in this case, your employer has every right to ask for compensation from you, and in some extreme cases, bring the issue up to court/labor dept. But bear in mind that the process is very tedious. Think for yourself, you quit in short notice. Then your ex-employer send a letter asking for compensation as stipulated in the contract. If you pay, closed case. If not, your ex-employer could engage the company's or external lawyer to seek compensation. After few rounds of sending reminder letter, your ex-company could bring the issue up to the court, and court will decide how much you should pay monthly, etc ... based on your new income, etc (just like if someone defaulted a loan).

TS,

1.Employer can ask for compensation from you, by any lawful means. And suing you is one of the avenues.
2. It wont look good in your employment history, or to some extent your credit history should it goes to court (background check, past employers referral, etc).

What you should do,

1. Talk to soon to be ex-company HR for leeway, waiver or even partial payment (Seen peeps dont have to pay a single cent after nego).
2. Ask your new company to buy you out (If they really, really, really want you )
3. Pay out and move on with your life. Not so much difference timewise between 1 - 3 months:p

normal is 1 month notice after comfirmation if 2month than i think he had sign the contract