under what condition do you have to pay back the RM 3.5k training compensation? If it says - if you resign within 1st year of your service with the company, then you're entitled to pay back if you leave in the first 12 months. Doesn't matter how much you think the training is worth - problem is you've signed it and currently bound by it.

If you have tendered in accordingly, why on earth you would want to compensate them? Is there any documents that you have signed for the "alleged" training as mentioned? Ask them to provide you documented proof.

Regards, Joey

FYI recently i juz resigned from one of the Inernational CO without given any notice rite after i had received the salary for that month. 2 days later only i submitted the CO belongings together with resignation letter to my friend and he help me to submit to person in charged. Couple days ago, i received a letter from tat CO stated that they accepted my resignation but will calculate whatever amount left or thereof to be paid back. I believe sooner or later i'll be goin to receive another letter for the amount that has to be paid back. in fact i'm also concerning whether need to pay back the money or juz ignore it. my thought is da CO might juz blacklist my name in their profile rite? if they take legal action, frankly to say, i'm unable to dig out that amount at all.

Why put yourself in such difficult situation. Always talk first before you leave irresponsibly.

Sacked GM wins RM1.3mil
http://thestar.com.my/news/story.asp?file=...1991&sec=nation

KUALA LUMPUR: A former general manager of industrial gases supplier Malaysian Oxygen Bhd (MOX) won over RM1.29mil in back wages and compensation in lieu of reinstatement for wrongful dismissal.

The Industrial Court granted the huge award despite having found Soh Tong Hwa guilty of two misconducts, saying that dismissal was too harsh a punishment.

Court chairman Susila Sithamparam held that Soh had breached his fiduciary duty and placed himself in a position of conflict of interest when he failed to disclose that his wife and family members were key figures in two firms that were major suppliers of MOX.

Soh, whose last drawn salary was RM31,625, was granted 24 months of wages in compensation and a similar sum, albeit scaled down by 30% for back pay, as he was found guilty of two of the eight charges against him. Counsel V.K. Raj acted for him in the case.

Susila ordered that the RM1,290,300 be paid by the company by April 16.

She had, among others, held that, under the law, an employee should not engage in another business or put himself in a position of conflict of interest but found that Soh had devoted his time fully to MOX which had recognised his dedication by giving him salary increments, generous bonuses, payment in lieu of his annual leave and written testimonials.

“The court found that he was not engaged in the activities (of the other company owned by him and his wife) ... to the extent that he was not able to fulfil his obligations to MOX.

“A passive shareholder or director of one company would not give rise to any conflict of interest as an employee in another company,” she said, adding that Soh’s company was not a competitor.

The court held that the dismissal was without just cause or excuse but did not order reinstatement as Soh is currently employed elsewhere at a higher salary from March last year.

In its claims, MOX alleged that it discovered Soh’s misconduct after investigating complaints from outsiders who claimed difficulties in doing business with the company, especially the department headed by Soh.

MOX claimed the probe revealed that Soh and his team had also obstructed potential suppliers from doing business with MOX.

Soh denied he had the ultimate approving authority for purchases for his division and pointed out that MOX only implemented the conflict of interest policy during his suspension.

He joined the company as a production engineer in 1979 and rose steadily to the position of general manager of the Process Gas Solutions division before he was sacked in 2003, after 24 years of service.

His last drawn salary was RM27,125 not inclusive of a RM4,500 car allowance. He was also paid a bonus every three months and given an annual holiday allowance.

wow~ possible I'm the next with such court case? envy-nya~

Refer to your appointment letter.

If they really sue u. Court case at least took few years. By tat time 2700 + interest should not be a problem for you. So dont have to afraid of paying back the company.

Do consider which company provide u best development for your future is much more important.

Ermm.. in my contract it says - "the company will provide training in the probation period. if u resign within this period, u'll need to reimburse the company expenses worth RM3500"..LOL

When i signed the contract, i really tot i'll be trained by them worth RM3.5k. But it seems like only in the 1st month my supervisor guide me about the job scope, more likely just a talk for 10-15 minutes everyday. I dun think it'll involve any cost. Plus he is not really dedicated his time for me, he only teach me when he free...LOL

After 2nd month ++, all i do by my own. I duno where is the 'training worth RM3.5' spend off.

ya, i know my mistake because sign the contract, but what u expect when the company say he want to give u a training?.. for sure i'll be hepi for the training provided but how shud i know it'll be like "this"..

izit got any way i can argue about this? i dont really hepi to juz pay them rm3.5 juz like that..
Since it juz a "talk" training, its dont really had any document to prove. But from my 1st day, i need to submit my progress(what i do everyday).. but i thnk in that document, all thing seems i do by myself, not involve any cost..

I didn't know this, its forumners who pointed it out... sharing it back with you.

FIRST SCHEDULE

[Section 2(1)]

Employee
Provision of the Act not applicable

1. Any person, irrespective of his occupation, who has entered into a contract of service with an employer under which such person's wages do not exceed one thousand five hundred ringgit a month.

I thought the case was about a person with monthly salary of RM 1800?

Honestly speaking, I would suggest that you go through the probationary period (3 months or 6 months?) and then resign right after your confirmation to avoid paying the amount. You're right, it's not worth paying the RM 3.5k especially when you didn't receive the appropriate training as per what they mentioned. That is actually on-the-job training and it's annoying when your employer misleads you in such a way.

No, can't really blame you for signing the contract. It's understandable. There is no concrete proof that the training they mentioned is the training you expected and there's also no absolute proof that the company didn't train you at all. It is difficult to argue (based on my opinion) so my suggestion is to bear with it. Much as you dislike the company, it's never worth paying money to them to leave unless you've got a better offer outside or your future employer is willing to cover for the expenses of RM 3.5k.

It's obvious the company intends to tie you down for at least the probationary period. My suggestion is to wait until you're given the confirmation letter (to prove that you're officially a permanent staff) then submit your resignation letter.

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

LOL.. i just send a notice thru email.. izit acceptable?

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.