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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asked on Nov 15, 2017 at 03:37
edited on Dec 17, 2017 at 23:28
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