Dear All,
I have a subsidiary office in Bangalore and currently I handle all HR matters from Malaysia. The problem that I'm facing are almost everything but at this point of time I need help pertaining Contract of Employment. I was made to understand that despite all the terms stipulated in the contract of employment, non of this can be brought to legal action if the employee breach the contract. For example, under the notice of termination, I have mentioned as follows "In the event, if the said employment agreement is terminated by yourself prematurely before 24 months from the date of commencement, then you shall be liable to pay to the employer, salary for the remaining period from the date of premature termination calculated based on your last month salary."
Can I bring him/her to the court if he or she breach the contract. Contact of employment is signed on a A4 paper or should I enter into the contract using a bond paper. Please help me.
Thank you
Sheela
From Malaysia, Kuala Lumpur
I have a subsidiary office in Bangalore and currently I handle all HR matters from Malaysia. The problem that I'm facing are almost everything but at this point of time I need help pertaining Contract of Employment. I was made to understand that despite all the terms stipulated in the contract of employment, non of this can be brought to legal action if the employee breach the contract. For example, under the notice of termination, I have mentioned as follows "In the event, if the said employment agreement is terminated by yourself prematurely before 24 months from the date of commencement, then you shall be liable to pay to the employer, salary for the remaining period from the date of premature termination calculated based on your last month salary."
Can I bring him/her to the court if he or she breach the contract. Contact of employment is signed on a A4 paper or should I enter into the contract using a bond paper. Please help me.
Thank you
Sheela
From Malaysia, Kuala Lumpur
Dear Sheela, You can verywel proceed legally and it is always advisable to enter the agreement on bond paper.
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Enforcement of negative covenants in employment terms.pdf