Hello,
I am an employee working in Malaysia. I have been terminated without a valid reason. In accordance with my employment contract, it was clearly stated that either party can terminate with a 2-week notice period. However, my company is willing to pay me the 2-week notice period if I'm willing to leave immediately.
May I know, is it legally right to terminate someone without a valid reason despite their willingness to pay you back? Your reply is much appreciated.
Thank you.
From Malaysia, Petaling Jaya
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I am an employee working in Malaysia. I have been terminated without a valid reason. In accordance with my employment contract, it was clearly stated that either party can terminate with a 2-week notice period. However, my company is willing to pay me the 2-week notice period if I'm willing to leave immediately.
May I know, is it legally right to terminate someone without a valid reason despite their willingness to pay you back? Your reply is much appreciated.
Thank you.
From Malaysia, Petaling Jaya
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Hello,
It would have been better if you had mentioned the 'EXACT' wordings/clauses of the Agreement pertaining to this issue/aspect. In general, most agreements have a provision for buying out the notice period by both the employer or employee. Your wording "without a valid reason" is a bit dicey—please clarify the EXACT reason given by the company for terminating your employment contract and let the readers decide.
Regards,
TS
From India, Hyderabad
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1650It would have been better if you had mentioned the 'EXACT' wordings/clauses of the Agreement pertaining to this issue/aspect. In general, most agreements have a provision for buying out the notice period by both the employer or employee. Your wording "without a valid reason" is a bit dicey—please clarify the EXACT reason given by the company for terminating your employment contract and let the readers decide.
Regards,
TS
From India, Hyderabad
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Dear Yee12
Employment these days are no longer 'lifetime' or spans generations - like the iconic Japanese and american companies we read about.
Employment now is more "ät will" types, wherein either party can terminate the agreement at the drop of a hat, as per the stipulations in the employment contract.
In your case, in "employment contract it was clearly stated that either party can terminate with 2 weeks notice period."
Hence, there is absolutely no scope for a reason - whether it is valid or invalid.
Sorry, if it hurts; but then one has to accept the reality.
Warm regards.
From India, Delhi
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Employment these days are no longer 'lifetime' or spans generations - like the iconic Japanese and american companies we read about.
Employment now is more "ät will" types, wherein either party can terminate the agreement at the drop of a hat, as per the stipulations in the employment contract.
In your case, in "employment contract it was clearly stated that either party can terminate with 2 weeks notice period."
Hence, there is absolutely no scope for a reason - whether it is valid or invalid.
Sorry, if it hurts; but then one has to accept the reality.
Warm regards.
From India, Delhi
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Hello,
Kindly first check out the provisions concerning employment in your country. Even to answer your query on the basis of "principles of natural justice", like the experts have said, one will need the "exact wordings" of relevant provisions of your employment contract. Subject to that, one can only say that the principle of natural justice requires any contract, commercial or employment, to be balanced. There could be a remedy (theoretically at least under "civil law"), but the experience in our country says that it is a slow, time-consuming, and costly process, and it may take years to obtain justice if you have really been wronged!
Kindly check out the position in your country.
Regards,
Samvedan
October 23, 2012
From India, Pune
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Kindly first check out the provisions concerning employment in your country. Even to answer your query on the basis of "principles of natural justice", like the experts have said, one will need the "exact wordings" of relevant provisions of your employment contract. Subject to that, one can only say that the principle of natural justice requires any contract, commercial or employment, to be balanced. There could be a remedy (theoretically at least under "civil law"), but the experience in our country says that it is a slow, time-consuming, and costly process, and it may take years to obtain justice if you have really been wronged!
Kindly check out the position in your country.
Regards,
Samvedan
October 23, 2012
From India, Pune
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Dear Yee12,
If you are under a probationary period, the employer need not give you any reason to terminate your services. Even if you are a confirmed employee, the employer has every right to terminate an employee. However, the employee has the right to question the management for a reason. You can send them an email or a notice to request an explanation if you are a confirmed employee to understand the reason.
Regards,
Bharghavi
From India, Bangalore
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If you are under a probationary period, the employer need not give you any reason to terminate your services. Even if you are a confirmed employee, the employer has every right to terminate an employee. However, the employee has the right to question the management for a reason. You can send them an email or a notice to request an explanation if you are a confirmed employee to understand the reason.
Regards,
Bharghavi
From India, Bangalore
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