QUOTE(pkh @ Jan 28 2009, 01:56 PM)
This happened in the past. Yes, a past is a past. But I still find it something like a 'Tickle-Me-Elmo' moment and was wondering what you guys think of it.
Back then, I was working for a company with a very one-sided employment terms. Those who leave must either give 2 months notice or pay back the 2 months. And those who left the company before 2 years will have to repay a bond of RM7000. So I agreed with the terms and started working.
After slightly more than a year, I decided to quit on-the-spot without any notice. I was willing to pay the 2 months salary and also the RM7000 bond. Yes, THAT is alot of money. However, the strange thing is, they would not allow me to leave the company without fully serving the 2 months period. And if I insist on leaving without notice, they would sue me for the losses due to insufficient staff. Oh, by the way, I'm just a technician there.
Eventhough I'm very certain that they can't sue me for their 'business lost', I still went to my lawyer to check. As expected, he mentioned that the company cannot sue me. I also checked from the internet and the results were favourable (based on Malaysian Labour Law). When I called up the labour office, they give a laugh saying that it's the first time they've ever heard such issue. Ok, at the end, I did gave them a month's notice to avoid feuds but it still ended badly.
yes you are right, because by Back then, I was working for a company with a very one-sided employment terms. Those who leave must either give 2 months notice or pay back the 2 months. And those who left the company before 2 years will have to repay a bond of RM7000. So I agreed with the terms and started working.
After slightly more than a year, I decided to quit on-the-spot without any notice. I was willing to pay the 2 months salary and also the RM7000 bond. Yes, THAT is alot of money. However, the strange thing is, they would not allow me to leave the company without fully serving the 2 months period. And if I insist on leaving without notice, they would sue me for the losses due to insufficient staff. Oh, by the way, I'm just a technician there.
Eventhough I'm very certain that they can't sue me for their 'business lost', I still went to my lawyer to check. As expected, he mentioned that the company cannot sue me. I also checked from the internet and the results were favourable (based on Malaysian Labour Law). When I called up the labour office, they give a laugh saying that it's the first time they've ever heard such issue. Ok, at the end, I did gave them a month's notice to avoid feuds but it still ended badly.
1) default the labour law protects you from these kinds of claims
2) according to the labour law, you cannot sign a document to "waive" your rights from the labour law.
that means let's say it protects you from indirect and consequential loss due to insufficient staff
so the company might make you sign a document saying you agree to be liable etc etc
usualy it does not work for most casses even though you sign and agree
because that's what they labour law says, provided you working legally (with permit etc)
Feb 19 2009, 06:24 PM

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