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"One Sided Contract" Employment

190 Views  ⚫  Asked 9 Months Ago
asked on Nov 15, 2017 at 03:37
by   pralad19
edited on Dec 17, 2017 at 23:28
 
I was employed to work as a "International Marketing Executive" in a events company last year 10 October 2016. Before employment, I was told that I have to sign a 24 months binding contract, working less than that means I should offer "3 months of notice AND 3 months salary". Working there I realize that all the workers have to sign the contract however, most of them run away without giving notice because of the contract nature. The employer takes full advantage of the fact and squeeze maximum out of all employees since they can't run away. But most do. Normally they employ foreign workers.

Cutting my story short, I was confirmed on 6 January with increase of payment up to 2,500 MYR. I decided to resign on 29 June 2017 by giving my employer an email and saying "I'll be resigning in 24 hours" this was because I try to give 3 months notice and I was threatened legal action.

2 Letter of Demand followed requesting 3 months salary of 7,500 MYR plus lawyer's notice 250 MYR

Then the Writ Claim came and I was surprised that they claim I failed to give 3 months notice hence should provide 3 months salary.  The claim stated that the contract was saying "3 months of notice or 3 months salary" for less than 12 months of services. I was extremely surprised since if I known I only had 3 more months to work I would just keep grinding. The problem I was pushed to work to late at night and didn't want to run away like other employee.

The case in civil court is in case management stage with the Plaintiff requesting Order 14 claiming I don't have any defence. I was told to submit my affidavit jawapan against order 14 tomorrow and another submission Dec with judgement on 3 January. 

I consult few lawyers some say I got good case some say I don't have any case. Please help me out here.

I realise I might be a little late in asking avengers for the help but I'm praying that there is something to my side.
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answered on Nov 15, 2017 at 04:47
by   Morgan Stanley
edited Dec 17, 2017 at 23:35
 
Get evidence that the company has employed illegal workers and get them jailed. Submit in your reply affidavit that the main reason that you are resigning is that you are uncomfortable working with illegal workers and you have been threatened by one or some of them.

Ask for postponement citing that you need the services of a lawyer.
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answered on Nov 15, 2017 at 13:18
by   vkpc
Post image of the Writ and Statement of Claims here for checking.
Which country are you from?
When is the next court date?
If your affidavit is a few days late it will still be allowed.
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answered on Nov 15, 2017 at 18:08
by   jeff005
Hi

How did you CM of today?

Any updates?
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answered on Nov 15, 2017 at 22:35
by   pralad19
Hi Guys,

Just filed my affidavit answer today:

I'll return home and send the image of writ claims, Plaintiff Affidavit sokongan and all the other docs here. 

@vkpc

I'm Malaysia. Only Malaysian was hired for the marketing exec position nearly all of them ran away without giving notice I was the only one my employee is suing since I told them directly that I was resigning. The next court date will be to file:

Kindly be informed that the Court has instructed as follows:-
the Defendant to reply the Affidavit under Order 14 by 15.11.2017;
the Plaintiff to reply the Defendant's Reply by 29.11.2017;
parties to file Written Submission on/before 11.12.2017; and
the Decision will be on 3.1.2018.

I'll upload the docs image here the affidavit that was send today and such. 

@ Morgan Stanley 

I have put the employment of illegal employers as part of my penyata pembelaan. The plaintiff lawyer were claiming it was Traverse seriatum or something. 

Is this straight forward case? normally I heard they are some circumstance that the employee wins but that is very rare since this is Civil court and not IR. :(
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answered on Nov 15, 2017 at 22:38
by   pralad19
@ Jeff005

It was just filing so didn't go inside the judge chamber today. But still pretty nervous. :(
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answered on Nov 15, 2017 at 23:10
by   jeff005
edited Nov 16, 2017 at 01:23
by   jeff005
How old are you?
The lawyers you have consulted, how much they charge you?
What are the opinions given?
You have read that some employees win? On what grounds? 
Did they point a knife at you for signing a two year contract? If you cannot stand the late nights, why didn't you inform your employers of your medical condition? Instead of working for so many months more?

I would not state your chances of winning or losing without seeing some docs.
They are
The complete contract or appointment letter.
Your email of 24 hrs resignation and or their reply
Writ claim and affidavit sokongan.
Your reply affidavit.

No deletion. It is on trust basis. Up to you, time is short. Email to <jefrilee@yahoo.com>. Clear jpeg or PDF. other forumers will teach you how to reply the lawyers affidavits if justifiable.

And do what vkpc have instructed you to do.

Are you working for another co now?
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answered on Nov 15, 2017 at 23:30
by   jeff005
edited Nov 16, 2017 at 01:27
by   jeff005
Ignore what the Traverse Seratum is. See what gonna happen if in your affidavit tambahan, if required, you can put pics of illegal workers., their names, country of origin, in company uniform plus the location of events held. I will teach you what to write if ever or when the time comes.

I shall hereby state that I am not happy with ppl giving 24 hrs notice, unless under stressful situation or medical condition.

For the same token, I am worrisome of some employers who take advantage of these types of contracts to made workers perform like slaves.  I disapprove of modern slavery..

The lawyers who stated that you have a good chance, maybe true. But the fees they charge, maybe more than 10k.. hahaha
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answered on Nov 16, 2017 at 01:30
by   jeff005
@ vkpc

Sifu
What is Traverse Seratum.?
When is it applied.?
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answered on Nov 16, 2017 at 02:20
by   vkpc
Traversed seriatim is used in pleadings to avoid having to deny each and every allegation.
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answered on Nov 16, 2017 at 02:22
by   vkpc
Why ask for help when you have already prepared the defence and the affidavit?
Don't waste people's time like that.
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