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"One Sided Contract" Employment

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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 16, 2017 at 19:25
by   pralad19
@Jeff

Dear Jeff,

I'll be sending over all documents to you with no deletion from my side. I have emailed to you do let me know if you received them.  

@vkpc

Hi brother,

I really hoped I could have found this forum sooner. I was searching all around for help and just found this forum by chance. So far I prepare the docs from my side with some minimal guidance from some internet searches. 
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answered on Nov 16, 2017 at 19:29
by   pralad19
@ Jeff

Sorry missed your initial question. I'm 25 year of age. 

I never hired a lawyer since I was told not necessary to hire one since this is a clear cut case. 
They said because since I agreed to the contract the first place and I was really not pressured to resign they have better grounds. But still I didn't give them an original resignation letter. 

For my boss the job is not a 9-5 since he believe that one must work for the company at any cost. Most people of same designation as me ran away without giving him any notice or even informing me. No action was taken against them, I was the only want the action is being taken since I informed him before hand. 
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answered on Nov 16, 2017 at 19:40
by   pralad19
@vkpc

Is it ok if I upload the image of pdf here with the company name? 
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answered on Nov 16, 2017 at 19:45
by   pralad19
@Jeff

I would never eventhought of giving a 24 hour notice if I had known that I can give 3 months notice instead in the writ claim the Plaintiff claim it was "minimal service" of 1 year. They said to me it was 24 months minimum or BOTH 3 MONTHS NOTICE AND SALARY. I was advised by previous employee to just run away without informing my boss since he even threatens non-confirmed staff with the same action but don't bring them to court. I'm the first it seems. They are saying this is a way to control the high employee turn over in the company. So that people won't just come and leave as they wished.

For local employee we have to sign 1 year or 2 year contract for foreigners they have to pay 500 MYR security deposit claimable if they stay with company for a year. 

PS: I have emailed all the docs to you Jeff. 
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answered on Nov 16, 2017 at 20:01
by   jeff005
edited Dec 17, 2017 at 23:30
 
Ok noted. I will study your above case later. I am busy now.

Now that you have written more about your jobscope which I had already suspected so. Are you working with another company now?

Off hand without reading thru your docs. I can say you do have a fighting chance due to the nature of your job. Not to give you false hopes, you can make a parallel labour case against your ex company.

They have self terminated the contract if it does not conform to the minimum guidelines set by the Employment Act 1967?

You have self represented unwittingly. You need guidance from vkpc. Be nice to him. I can offer ideas only but not documents to court. He is the specialist and full of other ideas.
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answered on Nov 16, 2017 at 20:33
by   pralad19
edited Dec 17, 2017 at 23:31
 
Dear Jeff,

Yes, I working with a new company now. 

Thanks alot for your advice. I really hope that @vkpc would be returning online soon.  

@VKPC

Dear Brother,

I have unwittingly filed my defense so far (so dumb of me since I can't afford any lawyer) I barely worked for 1 year plus now. Please do let me know the best course of action. If I win this case I'll be donating all the money to avengers war chest. My ex-boss has been short-handing alot of fresh graduates and foreigners squeezing the max out of them for penitence. Although I worked there for 9 months without complaining for the first 5 months my salary that I bring home barely reached 1,700 MYR (after EPF deduction) I was paid by cheque every month. 

All my hard work I feel been laid to waste if they win a suit worth close to 7,500. I promise that I wasn't wasting your time since I don't forum such as this exist. I just created my account two days ago after finding this gem of a forum.  
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answered on Nov 16, 2017 at 22:32
by   pralad19
edited Nov 16, 2017 at 22:34
by   pralad19
FYI 

This was written by one of the employee the last day of his work. He was barely 3 months in his job and he left just by sending this email. He was the person with same job title and function as me.

Hi  Boon
cc: Pream

I’ve brought this matter to your attention after considerable contemplation. It occurred to me that you should know a lot of things but firstly I was thankful for the opportunity given to be of help and value to XXXcompany.

Little did I know that I would be writing a lengthy feedback based on my observation, every organisation has its own style of management and so does XXXcompany. Though you have the entitlement to decide the practices but you also have the responsibility to make sure mutual benefits for everyone and no one goes through the adverse effects as a result of your management style.

I became aware that Badgering and Bullying tactics are a norm here. These are the list of practices I have experienced myself and witnessed my fellow staffs underwent similar experiences.

1. Being critical about someone to others who do not need to know
 
2. Ridiculing or demeaning someone – picking on them and using one as a punching bag

3. Overbearing supervision or other misuse of position
 
4. Making subtle threats or comments about job security without foundation
 
5. Deliberately undermining competency by overloading tasks and constant criticism
 
General Mood:
 
During our first conversation, you mentioned having wanted your staffs to be happy but have you made the provision for it? My subsequent conversations with you made me realise only Money is important and nothing else matters. You have seriously overlooked that most of your staffs are not happy but they drag themselves to work daily.

The evidence are their lateness to work, absenteeism and taking regular MC’s. Even the payday is not a happy day for many. On 27 September evening I heard Atousa expressing her displeasure over lateness in payment the previous month and questioned Vijay why she could not get her cheque before lunch on the 28th. And I continuously see staffs wondering and talking if they will get their cheques before lunch on every pay day.

There is another event you need to take note, on 9th Sept 2016, news about your becoming a father for the second time was treated with apathy and when Atousa initiated to collect money to buy a present many were reluctant to part even with RM10.

Annoyance, lack of enthusiasm, apathy, disinterestedness and dispiritedness are the apparent mood among many staffs at XXXcompany.
 
Senior staff I am reporting to namely Pream considers herself smarter than anyone though middle easterners happened to be her comparison, big asset and a paramount her believes to be. But I think she is immature, disorganized, weak, basic intelligence a big question mark and reckless with words.
 
On 3rd of September she instructed me to finish the tasks given before I went home by uttering “I want you to finish the work today before going home as I will come to office tomorrow(Saturday) to check and leave only after you have finished as deadline is very important”. And so I stayed till finish and left about 9.45pm. But Pream did not come to office as she said for alcohol got the better of her.

On Monday 5th of September I informed Pream early in the morning that I needed to leave after 5.30pm for a family prayer as it was a big event day for Hindus. I contributed more time to my job taking only 20mins break for lunch and when I was about to finish my work about 5.50pm she deliberately handed more tasks and instructed me to complete 3 Press releases before I left and when checked if I could do it tomorrow, she had this to say “You cannot go home until you’ve completed the tasks.”
This statement is totally unacceptable and may come as a violation.

And you went one step further by telling me on 21st Sept “This is not a 8.30am-5.30pm job.” But in contract it’s clearly stated 8.30-5.30 with overtime work subject to no additional pay and XXXcompany has the right to modify the working hours.

But there is no mention you can write something and say something different altogether.
And certainly there is no mention you can force anyone to work after working hours.

Why would you give me 8.30-5.30 time frame to sign and then 3 weeks later telling me it wasn’t 8.30-5.30?

Why your words and writings do not complement each other?

Why discrepancy exist?

And is this scrupulous?
 
 
 
Deadline

This is an important word whereby I have been forced to practice it. On 29th August I was told by you to hand over all the completed evaluation and testimonials via email and file pertaining 6 previous events for 360 degree checking the following day.
I stayed up till 8.40pm to check on my part though Pream told me all was good to go about 6pm.
On 30th August, the day you promised to check conveniently you were absent.
 
Pream on the other hand has the habit of missing deadlines not because she has a lot work to do but due to these reasons
1. Alcohol issue has made her come to work very late occasionally affecting her meeting deadlines
2. Spending more time unnecessarily during working hours surfing shopping sites namely Zalora
3. One MC a month August 24, Sept 21, & Oct 12 not surprisingly all been on Wednesdays, this is someone who comes every Monday wishing it was already Friday.
4. Prone to bad mouth anyone she dislikes openly
 
Some of the things she proudly said are
A) “We do the hard work for SLA Dubai Boon takes the commission.” I believe you have given her the authority to say such things.
 
B) “Ian stole one deal from you(Partha) namely Malomatia(SLA-DB).” How disrespectful can you get calling indirectly a very senior staff a thief?
 
C) “My parents taught me to respect animals.” aimed at Maha though it should have been kind to animals but that’s the level of English one should expect from her.
 
 
Badgering is the method employed upon me and in the name of feedback fault finding is enhanced. Furthermore employing cheap insulting tactics like accusing me of forgetful then asking to conduct training on forgetfulness. And digging into the personal life of anyone to extract information and use it against the concerned person.
 
 
Even the contract given is not honoured in full.

A) Written 8.30am-5.30pm but said not 8.30am-5.30pm
 
B) Written that salary shall be directly deposited into bank account but instead a cheque is given which takes further 2 working days for clearance. (Written in Black & White But Different Action Performed)
 
 
It defeats the purpose to read as much when you study very little from it. The font size, calibre, “&” symbol and spacing matter very little compared to communication process.
 
Why micro manage someone when Man-Management is in demand & desirable?
 
For your information Logical thinkers have these characteristics in common

1) They are copy cats creativity usually little, absent or never developed

2) Always competing with others never with oneself

3) Operating from lack mind-set usually fear of Poverty is dominant

4 Always want to do and learn everything & outdo everyone but in the end they stay mediocre

 
My thoughts would be that
 
1) XXXcompany hires an experienced Marketing based individual to manage & lead the marketing department
 
2) Hire someone to oversee HR matters
 
3) Re-establish the communication process with touches of articulation and clarity between staffs & inter-departments
 
4) Practice synchronicity 
 

5) Delegate the authority appropriately
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answered on Nov 16, 2017 at 23:06
by   Tanavaroot
edited Nov 16, 2017 at 23:16
by   Tanavaroot
What a slave driver company with too many internal politics..

Good luck brother".................
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answered on Nov 16, 2017 at 23:12
by   jeff005
edited Dec 17, 2017 at 23:34
 
Wow wow wow

This is what I was looking for.
If it is not too late, lodge a case with Labour dept. But careful planning first.

I was looking for the Extended working hours. That is why I need to view the contract or appointment letter, whatever they deemed it. And your actual jobscope. Especially working on public holidays (without being paid and emplacement days) which is the norm for events organising companies.

Read on employment laws and find more loopholes. You may not be able to win this case as you did signed the contract, but launching other attacks may force xxx to withdraw this lawsuit amicably.
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