helo, I am an employee working in mlayasia. I have been terminated without a valid reason. In accordance to my employment contract it was clearly stated that either party can terminate with 2 weeks notice period. However my company is willing to pay me back the 2 weeks notice period if I\'m willing to leave immediately. May I know, is this legally rights to terminate someone without a valid reason despite their willingness to pay you back? Your reply is much appreciated. Thank you.
From Malaysia, Petaling Jaya
From Malaysia, Petaling Jaya
Hello,
It would have been better had you mentioned the 'EXACT' wordings/clauses of the Agreement pertaining to this issue/aspect.
But, in general, most Agreements have a provision for buying-out the Notice period by both the employer or employee.
Your wording "without a valid reason" is a bit dicy--pl clarify the EXACT reason given by the company for terminating your employment contract & let the readers decide.
Rgds,
TS
From India, Hyderabad
1637It would have been better had you mentioned the 'EXACT' wordings/clauses of the Agreement pertaining to this issue/aspect.
But, in general, most Agreements have a provision for buying-out the Notice period by both the employer or employee.
Your wording "without a valid reason" is a bit dicy--pl clarify the EXACT reason given by the company for terminating your employment contract & let the readers decide.
Rgds,
TS
From India, Hyderabad
Dear Yee12
Employment these days are no longer 'lifetime' or spans generations - like the iconic Japanese and american companies we read about.
Employment now is more "ät will" types, wherein either party can terminate the agreement at the drop of a hat, as per the stipulations in the employment contract.
In your case, in "employment contract it was clearly stated that either party can terminate with 2 weeks notice period."
Hence, there is absolutely no scope for a reason - whether it is valid or invalid.
Sorry, if it hurts; but then one has to accept the reality.
Warm regards.
From India, Delhi
Employment these days are no longer 'lifetime' or spans generations - like the iconic Japanese and american companies we read about.
Employment now is more "ät will" types, wherein either party can terminate the agreement at the drop of a hat, as per the stipulations in the employment contract.
In your case, in "employment contract it was clearly stated that either party can terminate with 2 weeks notice period."
Hence, there is absolutely no scope for a reason - whether it is valid or invalid.
Sorry, if it hurts; but then one has to accept the reality.
Warm regards.
From India, Delhi
Hello,
Kindly first check out the provisions concerning employment in your country.
Even to answer you query on the basis of "principles of natural justice", like the experts have said one will need "exact wordings" of relevant provisions of your employment contract. Subject to that one can only say that the principle of natural justice require any contract, commercial or employment" to be balanced. There could be a remedy (theoretically at least under "civil law" but the experience in our country the experience says that it is a SLOW, time consuming and COSTLY process and it may take years to obtain justice if you really have been done wrong!
Kindly check out the position in your country.
Regards
samvedan
October 23, 2012
----------------------
From India, Pune
Kindly first check out the provisions concerning employment in your country.
Even to answer you query on the basis of "principles of natural justice", like the experts have said one will need "exact wordings" of relevant provisions of your employment contract. Subject to that one can only say that the principle of natural justice require any contract, commercial or employment" to be balanced. There could be a remedy (theoretically at least under "civil law" but the experience in our country the experience says that it is a SLOW, time consuming and COSTLY process and it may take years to obtain justice if you really have been done wrong!
Kindly check out the position in your country.
Regards
samvedan
October 23, 2012
----------------------
From India, Pune
Dear Yee12,
If you are under probationary period, employer need not give you any reason to terminate your services.
Even if you are a confirmed employee, employer has every right to terminate an employee but employee has a right to question the Management for a reason...
You can place them a mail or send a notice to give an explanation if you are a confirmed employee.. to know the reason.
Regards,
Bharghavi
From India, Bangalore
If you are under probationary period, employer need not give you any reason to terminate your services.
Even if you are a confirmed employee, employer has every right to terminate an employee but employee has a right to question the Management for a reason...
You can place them a mail or send a notice to give an explanation if you are a confirmed employee.. to know the reason.
Regards,
Bharghavi
From India, Bangalore
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