could someone help me to reponse on letter of termination?I have send my letter of resignation to my previous company. I am a contract employee for a 1 year contracted. The issues is that..
1. I am a newly hired worker for a 1 year contract.
2. I have sign the agreement but after several day I resigned (quit because not suitable for the job and the trainer give word that we as a trainee can leave the company any time if we not suitable for the job)this job need a training in banking for 20 day before I can start my job. As an advice the company who hired me ask me to send letter of resignation as a proper way to leave the company.
3. The problem is that the company want me to pay the sum of $XXXX as pay in lieu of such notice.
4. I only start training for 1 day and I quit/resigned. The company wish me to pay the sum even thou the company hasnt pay me in singel cent?
5. No warning letter from the company.
6. what are my right to response to the letter of termination?
7. I got this letter of termination today 16 August 2012 and the company want me to pay the sum within 7 day.
Please reply me immediately..
From Malaysia, Kuala Lumpur
11. I am a newly hired worker for a 1 year contract.
2. I have sign the agreement but after several day I resigned (quit because not suitable for the job and the trainer give word that we as a trainee can leave the company any time if we not suitable for the job)this job need a training in banking for 20 day before I can start my job. As an advice the company who hired me ask me to send letter of resignation as a proper way to leave the company.
3. The problem is that the company want me to pay the sum of $XXXX as pay in lieu of such notice.
4. I only start training for 1 day and I quit/resigned. The company wish me to pay the sum even thou the company hasnt pay me in singel cent?
5. No warning letter from the company.
6. what are my right to response to the letter of termination?
7. I got this letter of termination today 16 August 2012 and the company want me to pay the sum within 7 day.
Please reply me immediately..
From Malaysia, Kuala Lumpur
The appropriate response to your employer's notice of termination and demand for financial restitution contained therein depends entirely upon the contents of your contract of employment along with the prevalent labour laws and industrial contract laws in Malaysia.
Ideally, you could consult a industrial lawyer in KL, or if you find that is an expensive option, then perhaps you could approach one of the not-for-profit legal resource centres to assit you in drafting a response for a minimal fee or perhaps even free.
Maybe your previous employer is acting completely within the spirit of the appointment letter or contract of employment that you entered into at time of accepting employment.
Be that as it may be, what you need sound legal advice on is whether or not the clauses (that you may have signed alright) were legally insertable in the first place. Because, if they aren't permissible legally, then regardless of whether or not your signed your assent to those clause/s, it renders them legally untenable and unenforceable.
On the other hand, if the clauses and their insertion in contract of employment and letters of employment are legal in Malaysia, then you need a very good lawyer or very sound legal advice on why those clause/s shouldn't apply in your case.
Either way, please seek professional and expert guidance and not mere opinions from those who you think may know a little of what you need to know. Because, nothing is more injurious and damaging than well-intentended but misleading advice that is free!
Hope this helps you!
From India, Gurgaon
Ideally, you could consult a industrial lawyer in KL, or if you find that is an expensive option, then perhaps you could approach one of the not-for-profit legal resource centres to assit you in drafting a response for a minimal fee or perhaps even free.
Maybe your previous employer is acting completely within the spirit of the appointment letter or contract of employment that you entered into at time of accepting employment.
Be that as it may be, what you need sound legal advice on is whether or not the clauses (that you may have signed alright) were legally insertable in the first place. Because, if they aren't permissible legally, then regardless of whether or not your signed your assent to those clause/s, it renders them legally untenable and unenforceable.
On the other hand, if the clauses and their insertion in contract of employment and letters of employment are legal in Malaysia, then you need a very good lawyer or very sound legal advice on why those clause/s shouldn't apply in your case.
Either way, please seek professional and expert guidance and not mere opinions from those who you think may know a little of what you need to know. Because, nothing is more injurious and damaging than well-intentended but misleading advice that is free!
Hope this helps you!
From India, Gurgaon
Thank you, Mr.Gaurav Sareen | Chief Consultant |Training Studio|Gurgaon..
I really appreciated your advice regarding this matter..it really help me and I will seek expertise advice to consult me regarding this matter..exactly this is the issues why I resigned immediately...First, the company had terminated my service (cases of neglected of duty and absences from work without justifiable reason-that is not true at all) on the first place before I send my resigned letter. Second, what I am aware of is that, the XYZ company has told us (trainee) that there is no ‘payment’ or ‘salary’ during the 22 Days training or more (3 months) without any notice from the company and that means me and the rest of my colleagues as a trainee/employee worked without any salary/allowance as they promised earlier there will pay us during the training. There no such thing written on the 1 year contract employee agreement that we had signed.
Therefore, on my side; mean it not fair for me to pay (1) month salary to the company if the XYZ company itself don’t give us any salary or payment or allowance during the 22 Days training or more (3 months) and this is the reason why I leave XYZ company and I think an employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages to us a as trainee/employee.
Summary Of Incident:
1.I only started training 1 day(because I am newly hired)
2.Employer terminated my service on the first place (because of absenteeism-cases of neglected of duty and absences from work without justifiable reason-that is not true at all).
3.Employer want me to pay 1 month salary to the company (without show cause notice and warning letter from company)
4.Training without any salary last for 22 days or more 3 month (reason of leaving the company). It take cost for us to travel from home to the work place, petrol for car, food and drink, other expenses..
5.I think an employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages to us a as trainee/employee.
From Malaysia, Kuala Lumpur
I really appreciated your advice regarding this matter..it really help me and I will seek expertise advice to consult me regarding this matter..exactly this is the issues why I resigned immediately...First, the company had terminated my service (cases of neglected of duty and absences from work without justifiable reason-that is not true at all) on the first place before I send my resigned letter. Second, what I am aware of is that, the XYZ company has told us (trainee) that there is no ‘payment’ or ‘salary’ during the 22 Days training or more (3 months) without any notice from the company and that means me and the rest of my colleagues as a trainee/employee worked without any salary/allowance as they promised earlier there will pay us during the training. There no such thing written on the 1 year contract employee agreement that we had signed.
Therefore, on my side; mean it not fair for me to pay (1) month salary to the company if the XYZ company itself don’t give us any salary or payment or allowance during the 22 Days training or more (3 months) and this is the reason why I leave XYZ company and I think an employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages to us a as trainee/employee.
Summary Of Incident:
1.I only started training 1 day(because I am newly hired)
2.Employer terminated my service on the first place (because of absenteeism-cases of neglected of duty and absences from work without justifiable reason-that is not true at all).
3.Employer want me to pay 1 month salary to the company (without show cause notice and warning letter from company)
4.Training without any salary last for 22 days or more 3 month (reason of leaving the company). It take cost for us to travel from home to the work place, petrol for car, food and drink, other expenses..
5.I think an employer shall be deemed to have broken his contract of service with the employee if he fails to pay wages to us a as trainee/employee.
From Malaysia, Kuala Lumpur
My dear,
The more I read of your incident, the more I am convinced that you really need to seek sound legal advice.
There are a whole lot of contentious points that stand out in your latest post. And, what I or anyone on this forum thinks about them adds up to a big fat zero when it comes to what really matters.
What really matters is not our thoughts or our views. What matters is how Malaysian statute define, deal, and repair the issues that your mention.
And, the only person who can help you there is a good lawyer.
Please don't get me wrong. I am not trying to fob you off. Its just at this point in time you really don't want to waste your time asking people whether they agree with you or not. Or, getting people to validate your thoughts on whether or not you are a victim.
Maybe you really are a victim of a whole range of issues. But, like I'm saying (sounding similar to a broken record by now) the only person who you want to hear that from is your lawyer. Because, that is the only person who can actually make a difference and commence the process which will really start to help you.
I really wish you luck. All the very best in your hunt for a lawyer or alternative legal resource centre. Do it quickly because you only have 7 days to respond. And, lawyers aren't exactly known for their agility in dealing with matters. Not because they're lazy. But, because each matter requires a lot of preparation and usually most lawyers have a lot of matters on simultaneously.
Take care!
From India, Gurgaon
The more I read of your incident, the more I am convinced that you really need to seek sound legal advice.
There are a whole lot of contentious points that stand out in your latest post. And, what I or anyone on this forum thinks about them adds up to a big fat zero when it comes to what really matters.
What really matters is not our thoughts or our views. What matters is how Malaysian statute define, deal, and repair the issues that your mention.
And, the only person who can help you there is a good lawyer.
Please don't get me wrong. I am not trying to fob you off. Its just at this point in time you really don't want to waste your time asking people whether they agree with you or not. Or, getting people to validate your thoughts on whether or not you are a victim.
Maybe you really are a victim of a whole range of issues. But, like I'm saying (sounding similar to a broken record by now) the only person who you want to hear that from is your lawyer. Because, that is the only person who can actually make a difference and commence the process which will really start to help you.
I really wish you luck. All the very best in your hunt for a lawyer or alternative legal resource centre. Do it quickly because you only have 7 days to respond. And, lawyers aren't exactly known for their agility in dealing with matters. Not because they're lazy. But, because each matter requires a lot of preparation and usually most lawyers have a lot of matters on simultaneously.
Take care!
From India, Gurgaon
Dear Mr. Sareen,
You have definitely given a very right advice in the matter. But since engagements of foreign lawyers are too expensive, will it not be economical for him to first of all consult a local lawyer of our country who is conversant with Malyasian Labour Laws and then take further n.a. in the matter.There are many lawyers in our country like M/s.Singhania & Co., M/s.U.K.RoyChaudhury & Associates etc;who take up cases abroad and deal with the same either directly or through their Associates.However,he will have to show him his terms of engagements and whatever , documentary evidences are available with him to get apprpriate advice in the matter.
From India, Delhi
You have definitely given a very right advice in the matter. But since engagements of foreign lawyers are too expensive, will it not be economical for him to first of all consult a local lawyer of our country who is conversant with Malyasian Labour Laws and then take further n.a. in the matter.There are many lawyers in our country like M/s.Singhania & Co., M/s.U.K.RoyChaudhury & Associates etc;who take up cases abroad and deal with the same either directly or through their Associates.However,he will have to show him his terms of engagements and whatever , documentary evidences are available with him to get apprpriate advice in the matter.
From India, Delhi
Dear Mr Maitra,
Thank you for teaching me something new. I had no idea that there were law firms in India who had the capability to represent their clients in foreign jurisdictions. I say this because almost every country requires that only law firms registered and licenced to practice on its soil be permitted to litigate.
If the firms you mention have the ability to even advise let alone litigate re: Malaysian labour laws, I totally agree with your suggestion.
I sincerely hope that skyinvora reads your post before his/her deadline to respond to the termination letter falls over.
Once again, thank you very much for teaching me something new.
Take care and kind regards,
From India, Gurgaon
Thank you for teaching me something new. I had no idea that there were law firms in India who had the capability to represent their clients in foreign jurisdictions. I say this because almost every country requires that only law firms registered and licenced to practice on its soil be permitted to litigate.
If the firms you mention have the ability to even advise let alone litigate re: Malaysian labour laws, I totally agree with your suggestion.
I sincerely hope that skyinvora reads your post before his/her deadline to respond to the termination letter falls over.
Once again, thank you very much for teaching me something new.
Take care and kind regards,
From India, Gurgaon
Dear Sir,
I have been terminated from one of the leading Airline company on the grounds of behaviour but the truth is that I spent 9 yrs in the same organisation and the management didn't want to give me growth , so I was trapped and terminated. There were 2 domestic enquiries happened against me. One was for the SMS which was sent by mistake from my mobile no to a female staff content of which was abusive and there was no name mentioned of my female colleague. After the domestic enquiry the management sent me a letter saying that they found me guilty and can make me join if I sign on the letter saying that I am not mentally fit and if anything happens in future they would take required action against me. To which I replied that I have already given an apology in writing and refuse to join as I want to join back with dignity. Then after 6 months they arranged another domestic enquiry for making a staff sending email to the management for harassment. But there was no proof of that. Infact I produced my passport bcos I was in London when the mail was sent by the staff so could I dictate the content. But they still found me guilty and after 2 months they have sent termination letter along with full and final settlement. I was suspended for 2 long yrs. Need your advise on this as I am willing to go to labour court. Pls advise what are options do I have.
Regards,
Rahul.
From India, Suri
I have been terminated from one of the leading Airline company on the grounds of behaviour but the truth is that I spent 9 yrs in the same organisation and the management didn't want to give me growth , so I was trapped and terminated. There were 2 domestic enquiries happened against me. One was for the SMS which was sent by mistake from my mobile no to a female staff content of which was abusive and there was no name mentioned of my female colleague. After the domestic enquiry the management sent me a letter saying that they found me guilty and can make me join if I sign on the letter saying that I am not mentally fit and if anything happens in future they would take required action against me. To which I replied that I have already given an apology in writing and refuse to join as I want to join back with dignity. Then after 6 months they arranged another domestic enquiry for making a staff sending email to the management for harassment. But there was no proof of that. Infact I produced my passport bcos I was in London when the mail was sent by the staff so could I dictate the content. But they still found me guilty and after 2 months they have sent termination letter along with full and final settlement. I was suspended for 2 long yrs. Need your advise on this as I am willing to go to labour court. Pls advise what are options do I have.
Regards,
Rahul.
From India, Suri
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