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Message Date : 26 May 2010 05:44:54 pm
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| Member : |
yasmin |
| Join Date : |
20 Jun 2006 |
| Location : |
Selangor |
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When I am offered a position with a company,after signing the offer letter,yet to start work, the company decide not to employee me, cancell my offer letter. In this case can I still be entitle for a ! month notice as state in the offer letter? |
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Message Date : 1 Feb 2009 05:58:22 pm
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| Member : |
sabsabsue |
| Join Date : |
1 Feb 2009 |
| Location : |
Wilayah Persekutuan |
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Dear Sir,
I'm a contract Electrical Technician in a Oil & Gas company. I'm working at offshore Malaysia (oil rig) and my basic salary was more than RM 1500 per month. My question is:
a- Am I still included as an 'employee' in the Employment Act 1955 due to my salary more than RM1500
b- Am I entitled for annual leave. I've been working for more than 2 years and been confirmed in my position and my position was a contract position.
Thank you |
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Message Date : 7 Aug 2008 04:15:44 pm
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| Member : |
vic1 |
| Join Date : |
7 Aug 2008 |
| Location : |
Wilayah Persekutuan |
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Was it possible for a company to terminate a contract of a despatch, by giving one week's notice (as stated in the contract employment), whose contract is renew on a monthly basis?
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The Consultant says...I understand that many members post their issues in this forum and expect some solutions to be provided by the Consultant. I am sorry to inform that my role in this forum is limited to "moderating" and not "advising". In another word, I will only moderate answers provided by other members (if they choose to respond to your issues) by verifying their accuracy.
However, if you need to seek my advise, you can always go to Private Consultation provided within this site.
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Message Date : 18 Jun 2008 12:54:18 pm
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| Member : |
villakanu |
| Join Date : |
18 Jun 2008 |
| Location : |
Wilayah Persekutuan |
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Can a consultant included in the payroll of a company ?
Can the consultant claim for medical expenses & other benefits as an employee of a company/
Normally what is best duration for appointment of a consultant? |
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Message Date : 12 Jun 2008 03:33:21 pm
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| Member : |
annari |
| Join Date : |
20 May 2008 |
| Location : |
Selangor |
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I have a probationary employee who wants to fill a new position of SALES. However, the new position will render a lower basic salary as it will pay commission etc. Grade of employment remain same but we may need to extend her probationary period as we need to access her performances in the new position.
Can the company ask her to write in to apply for the new position and agree to new terms & condition of the employment?
What other factors should we look into? |
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Message Date : 16 May 2008 07:57:43 pm
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| Member : |
sisi |
| Join Date : |
16 May 2008 |
| Location : |
Wilayah Persekutuan |
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1) Your employment contract, specifically the clause on "bonus".
Bonus :- Co is at sole discretion to grant bonus payment, if any, to the contract employee. Co has already paid bonuses to permenent employees last month.
2) Memo issued by the company, indicating the conditions for bonus entitlement.
Co meno posted bonus paid are graded by employee's PMS
3) Past practices for bonus payment, specifically to contract employees like you.
Understand there were payment made (bonus) before.
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The Consultant says...Your employment contract makes it clear that bonus payment is subject to the company's sole discretion. This being so, it is very much up to your employer whether to grant you bonus or not.
However, you may also want to find out if... (1) the term of bonus indicated in the memo applies to permanent employees or contract employees like you, and (2) whether your performance is measured by the same PMS structure indicated in the memo. If both conditions are affirmative, then you may approach your employer to discuss about your bonus entitlement. |
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Message Date : 16 May 2008 04:48:57 pm
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| Member : |
sisi |
| Join Date : |
16 May 2008 |
| Location : |
Wilayah Persekutuan |
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I was in contract employment from 1st Oct 2006 till 31st March 2008 (18 months).My former company declared bonus allowance for year 2007. I want to know if I can entittle to this bonus allowance even I am retired?
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The Consultant says...To find out your entitlement to such bonus, you'll need to refer to the following sources:
1) Your employment contract, specifically the clause on "bonus".
2) Memo issued by the company, indicating the conditions for bonus entitlement.
3) Past practices for bonus payment, specifically to contract employees like you.
Let us know your findings, and we shall advise you accordingly. |
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Message Date : 15 May 2008 12:54:25 am
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| Member : |
tesmo |
| Join Date : |
10 Apr 2008 |
| Location : |
Wilayah Persekutuan |
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Does it means no one can stop us from doing 2 full time job at same time as long it's allowed by law?
Is there law governing this in the first place?
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| The Consultant says...I would interprete it as no person shall be prevented from earning a livelihood, so long as it is done in accordance with the law, or in accordance with the term of an employment contract one has agreed to, e.g. no conflict of interest, no breach of fiduciary duty, etc. |
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Message Date : 14 May 2008 01:15:49 am
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| Member : |
tesmo |
| Join Date : |
10 Apr 2008 |
| Location : |
Wilayah Persekutuan |
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This is the first order condition justifying the freedom to livelihood (cari makan). Of course, there are exceptions to this condition. That is why Article 5(1) ends with the words "...safe in accordance with law."
Hmm..What does that mean in layman term?
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| The Consultant says...Tell me what do you think... and I shall comment on your interpretation. |
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Message Date : 13 May 2008 10:51:57 am
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| Member : |
yasmin |
| Join Date : |
20 Jun 2006 |
| Location : |
Selangor |
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Hai ,
I have receive a job , and in the letter of employement , state that in case of resignation I must give 3 month notice and 1 month salary pay back and works and if the company would like to terminate my service they will do the same .Can a company imply this conditions to the employee? (1 month pay back )
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| The Consultant says...Such practice of "back-pay" is not common. If you are uncomfortable with such condition, please discuss your concern with your potential employer. On the other hand, if you accept such condition, you will be bound to honour it. |
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