Protect yourself from Employer bully

cvkit17

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I created this thread so that we can share knowledge and experience of how to protect ourselves from bad employers who will rip us apart to their benefits.

I received this letter from a friend



My friend signed the letter as she is not informed or educated about contract law. Moreover, many employee would sign it in fear of losing their job. This letter is to superseed some clause in the offer letter. My friend is already working in the company for quite some time.

I find that the new clauses are very ridiculous. It is a total rip off to the employee to benefit the employer alone.

I believe many people would think that once they've inked their signature, there is no turning back. That is NOT the case. A contract can be deemed void under the following:

1. Fraud
2. Coercion
3. Undue Influence
4. Misinterpretation
5. Unlawful

Void contract - Wikipedia, the free encyclopedia

For the case above, the contract or this new agreement can be deemed void because it is under undue influence. The company, as an employer, has power over its employee and used that power on them to agree on the contract. (Correct me if I were wrong, as I am not a lawyer). Also, I feel that the last clause (Prohibit its employee to work for another company of same field within 12 months) is a violation of rights. Some companies might prohibit their employee from working with companies that have business dealing with them only.

Thus it is important to equip ourselves with some knowledge of contract law to protect ourselves from nasty human being.
 

cvkit17

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but labour law is there to protect us employees right...
Employment Act can provide protection to worker who is earning less than 2k. Above that amount, it is the matter of what has been inked into the contract. But it is not that people who earns more than 2k is completely not protected by labour law. Some clauses still apply.

so what happened to your friend?
I asked her not to worry about it and go ahead with resignation if she really wants to. She has submitted the letter and so far there is no feedback from her boss. The boss just said ok. Lets see how. She gives 1 month notice only
 

Jac83

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Employment Act can provide protection to worker who is earning less than 2k. Above that amount, it is the matter of what has been inked into the contract. But it is not that people who earns more than 2k is completely not protected by labour law. Some clauses still apply.



I asked her not to worry about it and go ahead with resignation if she really wants to. She has submitted the letter and so far there is no feedback from her boss. The boss just said ok. Lets see how. She gives 1 month notice only
Of course she can resign whenever she want but unfortunately she already sign the supplement letter of which stated notice period to be at 6 months. Thus under the employment act 1955 clause s12, if she only tendered a month's notice, then her employer is legally right to demand payment in lieu of salary amounting to the balance of 5 months of which your friend is suppose to provide unless her boss is willing to give grace and waive the notice period. In cases like this, if I'm your friend, I'll be very careful on the notice to serve as 5 months of salary can be a lot of money.
 
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vr2turbo

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In my ex company, Managerial level have to give 3 months notice. The above need 6 months notice and she is a Clerk only....:banghead:

---------- Post added at 08:25 PM ---------- 6 hour anti-bump limit - Previous post was at 08:22 PM ----------

Also, I feel that the last clause (Prohibit its employee to work for another company of same field within 12 months) is a violation of rights. Some companies might prohibit their employee from working with companies that have business dealing with them only.
Have, I know banks have this clause so that they can leave one bank for another, or like head hunt over but I don't think it is that long like 12 months....
 

cvkit17

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Of course she can resign whenever she want but unfortunately she already sign the supplement letter of which stated notice period to be at 6 months. Thus under the employment act 1955 clause s12, if she only tendered a month's notice, then her employer is legally right to demand payment in lieu of salary amounting to the balance of 5 months of which your friend is suppose to provide unless her boss is willing to give grace and waive the notice period. In cases like this, if I'm your friend, I'll be very careful on the notice to serve as 5 months of salary can be a lot of money.
That is why if the supplement document or contract is a void contract, she just has to follow what is stated in the original letter.

In my ex company, Managerial level have to give 3 months notice. The above need 6 months notice and she is a Clerk only....:banghead:

---------- Post added at 08:25 PM ---------- 6 hour anti-bump limit - Previous post was at 08:22 PM ----------



Have, I know banks have this clause so that they can leave one bank for another, or like head hunt over but I don't think it is that long like 12 months....
Engineering companies will usually be 3 months of notice period because of ongoing projects. 6 months for a general clerk? Clearly the employer is taking advantage.

I've seen the restriction to work for another company too but it should be in the offer letter, not after hiring the staff. It is totally unethical and violating employee's right.
 

Jac83

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That is why if the supplement document or contract is a void contract, she just has to follow what is stated in the original letter.



Engineering companies will usually be 3 months of notice period because of ongoing projects. 6 months for a general clerk? Clearly the employer is taking advantage.

I've seen the restriction to work for another company too but it should be in the offer letter, not after hiring the staff. It is totally unethical and violating employee's right.
The supplement letter is void if your friend didn't sign it but as mentioned by you she already signed it before tendering her resignation. That will be very unfortunate for her if her boss or the company's management decided that she has to comply and serve her notice accordingly. I'll advice your friend to at least seek assurance from her boss to waive the balance of notice that she is suppose to serve. Ironic isn't it that Malaysia have such a poor coverage for employees. Employment act 1955 only cover employees whose monthly salary are under Rm2000 while certain clauses are applicable for those earning wages up to Rm5000. For those earning above 5k monthly, sad to say but we are on our own as any dispute with employer can only be settled through civil courts.
 

cvkit17

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The supplement letter is void if your friend didn't sign it but as mentioned by you she already signed it before tendering her resignation. That will be very unfortunate for her if her boss or the company's management decided that she has to comply and serve her notice accordingly. I'll advice your friend to at least seek assurance from her boss to waive the balance of notice that she is suppose to serve. Ironic isn't it that Malaysia have such a poor coverage for employees. Employment act 1955 only cover employees whose monthly salary are under Rm2000 while certain clauses are applicable for those earning wages up to Rm5000. For those earning above 5k monthly, sad to say but we are on our own as any dispute with employer can only be settled through civil courts.
Not necessarily in my own opinion, as she can still argue that she signed the paper because she has no choice if she want to keep her job.

For example, A duped B into a contract to A's benefits. The contract can void if it is found that fraud exists even though B has signed it.
 

BuroQ

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Prohibit its employee to work for another company of same field within 12 months

Well consider herself lucky for the company stated it. Some companies does not state it. The norm if I recall is 2 years in Malaysia. If I recall I couldn't work for another company that has the same or nearly identical business for 2 years.

This move I would say is to safeguard the organization that you have worked with, particularly if you are employed by competitor, or worse if you open up a new company and become its competitor. But of course, you can always slow talk to your boss about it. I believe it just a standard template for everybody working in that company.
 

fstr

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this is happening in MY, employers are cost cutting.... and they wont say directly that they will sack you but employers will transfer you to other departments or overseas deployment to make you feel that you are not wanted anymore.

they will do all these things like :

1) cold storage.
2) dont talk to you and not even gives you eye contact.
3) does not calls you in for meeting or discussions.
4) Dont cc emails to you, so u wont know whats happening.
5) transfer you to departments that you are not familiar or ask you to take up special projects.
6) transfer you to other locations, in MY or overseas.
 

xbalance2002

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bro fstr,

Yes this is some way they treat employee but i see some boss better they use mental way to may you resign.

example:
-all your existing job scope was transfer to other staff.
-relocate your workstation in a corner.
-remove all your equipment : PC, Phone and other things only gave you a chair & table.
-you are not allow to use mobile phone during working time, chat with other staff/ phone/ what ever in communication ways
-going to toilet was given limited time for per visit.
-salary will continue to give without deduct any if there is no wrong doing during working hour.
-if any wrong doing above will be given warning letter.
-if received more then 2 warning letter will be terminated.
 

fstr

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xbalance taikor,

yes those that you mentioned are canibalism or dictatorship kinda bosses.

ive been thru that b4 too.

but luckily i can still go toilet for more then 10 mins lol
 

cvkit17

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this is happening in MY, employers are cost cutting.... and they wont say directly that they will sack you but employers will transfer you to other departments or overseas deployment to make you feel that you are not wanted anymore.

they will do all these things like :

1) cold storage.
2) dont talk to you and not even gives you eye contact.
3) does not calls you in for meeting or discussions.
4) Dont cc emails to you, so u wont know whats happening.
5) transfer you to departments that you are not familiar or ask you to take up special projects.
6) transfer you to other locations, in MY or overseas.
bro fstr,

Yes this is some way they treat employee but i see some boss better they use mental way to may you resign.

example:
-all your existing job scope was transfer to other staff.
-relocate your workstation in a corner.
-remove all your equipment : PC, Phone and other things only gave you a chair & table.
-you are not allow to use mobile phone during working time, chat with other staff/ phone/ what ever in communication ways
-going to toilet was given limited time for per visit.
-salary will continue to give without deduct any if there is no wrong doing during working hour.
-if any wrong doing above will be given warning letter.
-if received more then 2 warning letter will be terminated.
The employers, especially typical chinaman companies, are too stingy to pay for the compensation for sacking us. Usually they will convince us to resign. They will say things like if they sack you, your record will be tarnished bla bla bla

Prohibit its employee to work for another company of same field within 12 months

Well consider herself lucky for the company stated it. Some companies does not state it. The norm if I recall is 2 years in Malaysia. If I recall I couldn't work for another company that has the same or nearly identical business for 2 years.

This move I would say is to safeguard the organization that you have worked with, particularly if you are employed by competitor, or worse if you open up a new company and become its competitor. But of course, you can always slow talk to your boss about it. I believe it just a standard template for everybody working in that company.
If it is not stated/informed/made known of to the employee then its not valid. And all these things are really bullshit and created only by selfish employers.
 

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