Eventually.....

I talked to my HR last Friday regarding my termination notice. I asked them if they have decided about that matter and prepared the reply letter. They eventually told me that there might be an issue if they proceed with the claim. I told them, it is certainly an issue and totally wrong to extend my termination period from one month to two months on the basis of receiving an increment from them.

I told them I did studying the Malaysian Employment Act and the only thing that they can do to change the termination notice is to prepare a new offer letter which clearly says that they amended some rules and regulations under which clause or so, and being properly informed and signed by both party.

May be because they were not convinced with my answer or probably they want to know what options available for them, they called the Malaysian Employers Federation (MEF). Unfortunately for them, the MEF informed that in this case, my termination notice shall remain as what stated in my letter of appointment. We came to a verbal agreement that my termination notice shall remain at 1 month.

I am glad, this matter has been solved without much hassle. Now I can focus on other things which I had left behind just to prepare for the worse of this. I hope and I want to believe, that there will be no more scenes after this. They should always understand that I meant to quit gracefully from The Company.

Anyhow, I still keep my reply letter for future reference, and also to be ready for the unexpected. I am a sceptical person. And this is how my letter reads;


I would like to make my stand clear, that extending my termination notice from what actually stated and signed by both party in the original document is against and totally an act of breaching of contract agreed beforehand according to Law of Malaysia Act 265 (Employment Act 1955), which clearly stated;

Notice of termination of contract
Section 12.
(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the terms of the contract of service,

02 Thus, under subsection 12(2), notice of termination SHALL be based on the CONTRACT OF SERVICE, and not LETTER OF INCREMENT. There is no way The Company can justify its reason to extend the notice of termination as clearly stated in my letter of appointment signed on the (XXX) under Clause XX:

4. TERMINATION
During probation period, your employment may be terminated by either party upon giving to the other party one (1) month’s notice or salary in lieu of notice without assigning any reason therefore. On confirmation either party can terminate the employment by giving one (1) month’s notice in writing or pay in lieu.

03 Aside from that, referring to my annual increment notice as follows;

1. XXXX and;
2. YYYY

I do not find any statement regarding changes of Termination Notice as you falsely and unlawfully claimed. In fact it clearly says that “OTHER TERMS AND CONDITION OF EMPLOYMENT REMAIN SAME”

04 I would like to concur that this Term & Condition of Employment is referring to the terms stated in my Letter of Appointment (Ref: X) under Clause XX as mentioned above.

05 I believe The Company has gone against the Malaysia Employment Act 1955, by unlawfully extending my Termination Notice from one (1) month to two (2) months. It is not to be called a CONTRACT if the amendment was made without the acknowledgement of both party and signed thereafter.

06 I would like to make clear that:

(i) Terms and Conditions of a contract of service must be made not lesser or lower than the provisions stipulated under the Act,

(ii) If the Terms and Conditions, in the contract of service, found to be lower than what is provided under the Act, the contract becomes null and in-effective. It shall be replaced by the terms and conditions according to the Act.

Therefore, I require The Company to make an official statement to amend this issue, and re-issue a reply in accordance to the Malaysia Employment Act 1955.

07 Failing to do so, I assume The Company had breached the contract of service, and below statement shall apply:

(i) In the event of wilful breach of contract on either party, the other party may terminate the contract without notice.

08 In the event of failing to pay my wages accordingly, I would not hesitate to take this matter to the Department of Labour for further jurisdiction of the case as I have ample proofs of the contract’s violations.

09 Please be informed that this is not a threat to The Company, but to defend myself against any injustice to my right as an employee reserved by the law.

Regards,

MrLett

Proceed on: "Eventually....."

The Smell

Yesterday I received call from my HR saying that my termination notice should be 2 months and not 1 month as stated in my apointment letter. I was reluctant to accept that by saying HOW COME??

She said, last increment they made it clear and if i am not to agree with it, they will have to retain back all my increment which means deducting my salary out of it. I asked them to show me the evidence. I said, i will based on my letter of appointment's contract. In the end, she said she will reply me back.

I do not know if she was just joking, but i need to prepare myself for the unexpected. Back home, i searched for watever increment notice that i received, and indeed there is no such statement regarding the notice period. I tried to recall, because if i am not mistaken, they changed the notice period, but for only new employees who start working in 2006.

I do not know, why only this time they make this an issue. Anyhow, i cannot say further until i receive their official reply on this matter. As a precaution, I am doing my homework to identify my rights as an employee according to the Malaysia Employment Act 1955.

So far i had drafted my reply, and will attack back if my rights is being denied. As for now, we can only wait and see. Hopefully things will get as less problematic as it suppose to be.

-----THE END-----

Proceed on: "The Smell"

Myself

Your view on yourself:

You are down-to-earth and people like you because you are so straightforward. You are an efficient problem solver because you will listen to both sides of an argument before making a decision that usually appeals to both parties.

The type of girlfriend/boyfriend you are looking for:

You like serious, smart and determined people. You don't judge a book by its cover, so good-looking people aren't necessarily your style. This makes you an attractive person in many people's eyes.

Your readiness to commit to a relationship:

You prefer to get to know a person very well before deciding whether you will commit to the relationship.

The seriousness of your love:

You are very serious about relationships and aren't interested in wasting time with people you don't really like. If you meet the right person, you will fall deeply and beautifully in love.

Your views on education:

You may not like to study but you have many practical ideas. You listen to your own instincts and tend to follow your heart, so you will probably end up with an unusual job.

The right job for you:

You're a practical person and will choose a secure job with a steady income. Knowing what you like to do is important. Find a regular job doing just that and you'll be set for life.

How do you view success:

You are confident that you will be successful in your chosen career and nothing will stop you from trying.

What are you most afraid of:

You are afraid of having no one to rely on in times of trouble. You don't ever want to be unable to take care of yourself. Independence is important to you.

Who is your true self:

You are mature, reasonable, honest and give good advice. People ask for your comments on all sorts of different issues. Sometimes you might find yourself in a dilemma when trapped with a problem, which your heart rather than your head needs to solve.

Source: http://www.quizbox.com/personality/test82.aspx

-----THE END-----

Proceed on: "Myself"

The Terminkor

Today, I officially declared myself into a recession. God saves me. I need to make a comprehensive plan about my cash flow, and follow my budget allocation strictly. I managed to understand one thing about this economy downturn….. All the stimulus packages is only meant to soften the crash, anyway it will still going to happen. The equation is like this;

Stimulus = Parachute

With parachute, you may land safely and probably with minor injury. Recovery will be faster too.

I had a weird dream this afternoon. It’s about flood. I saw a lot of car moving on a road which is used to be a river (I don’t know when). But in a sudden, the disaster started. Water in a middle of nowhere starts to rise.

It caused a massive jam as it stops the car from moving. I watch everything from the bridge, and the bridge started to shake. I asked my twins to run with me, going somewhere to the hill. It started to rain heavily, and I need to call my family out of my uncle’s house. My twin doesn’t want to go with me.

At the same time, I am not sure whether they are in that house…. I just felt that they were all there. That’s it. Its end there before I wake up and realize that there is scratches on my leg. I don’t know where I get it as I didn’t knock on any object or bushes or whatever can cause such thing.

Anyhow, today is a bright day. I managed to run about 4.2 km…. and this is a pic which I took using my new Sony Ericsson W980i.
(And to the VIP, the Crystal Crown Hotel can be seen through my room window)

-----THE END-----

Proceed on: "The Terminkor"

It's Friday.....

Today is Friday. I remembered very well, when I woke up from bed, that today I should avoid eating meat. I remembered it very well. Upon reaching my company, once again I told myself, that during breakfast, don’t pick up meat. I parked my car, and punch in and put my notebook in place and straightaway go to the canteen.

I took fried rice in small portion, put some curry and had a half-cup of coffee. When I reached to the payment counter, it’s just so strange to see me eating fried rice with curry without egg or sausage.

I don’t know why during that moment of thinking; I really think that egg is bored. I don’t realize that my hand automatically picks up the chicken sausage… and ate it more than half without realizing that I should not eat any meat today….

My friend laughed at me when I said….. “I thought sausage is made from egg”.

-----THE END-----

Proceed on: "It's Friday....."

The Crossroad

Today, I officially send my resignation letter to the HR. I had been waiting for this moment and I love the feeling of resigning. Shortly after that, the HR manager called me. He returned my resignation letter, and saying that my resignation is not accepted. They asked me to reconsider my decision.

This Friday, my immediate boss will return from oversea trip. He will talk to me regarding the current situation. So far, I haven’t retracted my resignation or the job offer, but I am giving a chance for my boss to say his view, and I am listening. Come to Friday, I will decide what my final decision would be.

For the time being, I am shielding myself to keep me away from making any decision based on any influence. By the way, a V.I.P will be visiting me this Sunday. I think I will have a lot of things to talk and share with her. Just now, she texted me….. “We are on our crossroad”

Now i have to go for my running session. I must improve my flabby belly. See you again.

-----THE END-----

Proceed on: "The Crossroad"

My Resignation

I am in the midst of preparing my resignation letter. I plan to send it by Thursday if everything goes smoothly. This is my tentative plan. I cannot disclose more..... Let us see what happen. May the 1Q 2009 Plan will take it course. Hopefully the wave of the economy downturn will not spoilt it..... again?

----- The End -----

Proceed on: "My Resignation"

The Shorts

I have 2 shorts which i have been used for 5 years. So I bought another two..... which only cost me about RM 80.00..... I didn't plan to buy at the first place, but I think it is a good deal, good promotion..... so without thinking a sec, I grab it.

Tidak tau lah kalau sia kana budu2 taktik promosi....hehehe

This one (Pic above) has a lot of secret pockets. Can keep wallet, HP, Cigarette & Keys at one go.

This one, good for cholesterol reduction.

----- THE END -----

Proceed on: "The Shorts"

The Gadgets

I sell my Omnia. Not because it looks ugly, but it does not meet my requirement. It does not functions the way i want it to be. Of course i loss money in the trade. But i think it has to be done now, since PDA phone second hand price drop very fast. It has low trade in value. I thought it was good to let it go as a liability.

But, somehow I kinda feel something missing..... like something has been taken out of me. May be because it has been with me all this while, and i am used to have it everywhere. I missed the game and the GPS. This two have done such a great job to entertain me and to lead me to some important places. You know, i am directionless.... hehehehehe.

I am looking for a HP which can fulfill my requirement. I am not gonna tell you what my requirements are, but I think, this should do it well. Introducing my new Sony Ericsson W980i. I don't realized earlier, that actually I just need a simple, basic functional HP.

But..... being directionless, I need another device to help me to do the 'memorizing' job. I hardly remember road or direction. I followed signboard, which sometime not really reliable. So, I bought my new Garmin Nuvi 205 GPS Device. And so far, it works well.

Proceed on: "The Gadgets"