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Employment Act Malaysia

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asked on Oct 7, 2017 at 06:38
by   Kenchan
edited on Oct 27, 2017 at 06:02
 
I have signed an appointment letter and date to start work on 15 September 2017.

Before 15 September 2017 (I dropped employer an email on 14 September 2017) to withdraw offer.

Is it valid I sent an email to withdraw offer? Will my employer take legal action against me?
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answered on Oct 7, 2017 at 14:19
by   vkpc
edited Oct 23, 2017 at 10:09
 
Will my employer take legal action against me?
Why you worry so much?
The company got threaten you?
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answered on Oct 7, 2017 at 14:50
by   Kenchan
edited Oct 23, 2017 at 10:11
 
@vkpc

Yes. The company threatens me. First they sent me a warning letter by normal post. Second warning letter, they put in my house's mail box.

Their intention is damn scary.
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answered on Oct 7, 2017 at 18:13
by   IamSayingSo
You have not started work how to be covered by Employment Act?

They can try to claim compensation under certain circumstances via Laws of Contracts and laws of Torts if they can prove their losses, if any.

No worries, going to court lawsuit, their lawyers fees would be much more than any court awarded compensation. Just lose no sleep over it.
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answered on Oct 7, 2017 at 18:20
by   IamSayingSo
Just post the contents of their letter of any threats, intimidation or harassments here and  Mr. Vkpc will teach you how to reply and harass backwards.
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answered on Oct 7, 2017 at 18:30
by   Kenchan
edited Oct 23, 2017 at 10:15
 
Dear Iamsayingso,

I have check the Employment Act, once I signed the offer letter the relationship with employer and employee are immediate.

The letter mentioned that I need pay one month salary as compensation and I shall contact them within 7 days if not they will take action against me.

Therefore I am thinking how to fix it as soon as possible.

Thanks.
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answered on Oct 7, 2017 at 19:20
by   IMNotSayingSo
edited Oct 23, 2017 at 10:17
 
Post here that section of the employment act with reference to the offer letter.

What is offer letter? What is appointment letter?

So let's say, a candidate sign an offer letter and you say is immediate, the candidate meets with a serious accident before even starting work, which requires 3 months medical leave, will this new company bears the medical bills as well as medical leave?

My interpretation of Employment Contract is the contract is effective the moment  the employee reports in to work. Period.
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answered on Oct 7, 2017 at 19:35
by   vkpc
edited Oct 23, 2017 at 10:17
 
First they sent me a warning letter by normal post. Second warning letter, they put in my house's mail box.

Post image of both letters here for checking.
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answered on Oct 7, 2017 at 20:19
by   Kenchan
edited Oct 23, 2017 at 10:58
 
Sorry, I was giving wrong information. According the contract law, both parties shall give notice in term of the contract service and determine by a provision made in writing.

However, I sent an email to them on 14 September 2017 and the commence date to start work was on 15 September 2017. Therefore I am not under probation period.

Please correct it if I 'm wrong. 

Thanks guys for your help. Appreciated. At least I am not alone.
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answered on Oct 7, 2017 at 20:21
by   Kenchan
edited Oct 23, 2017 at 10:59
 
Please refer this as reference.

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answered on Oct 7, 2017 at 20:25
by   Kenchan
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