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Early resignature during the fixed term contract

lisa
Member
Thu, 24 Mar 2016 10:53:28 AM  (Last updated: Fri, 25 Mar 2016 12:47:16 PM)

I am a teacher with a fixed term contract with a school in Ipoh from Oct 2014 - 30 June 2016.

My employer had give me 3 option appoint seeing me. 1st is to terminate my service and leave a bad record for me. 2nd is secondment where i have to report to KL head the next day immediately for retraining without a fixed time frame. And during this time i cannot give letter for early dismissal of my service. 3rd option is to write my own resignation letter and she will help me by not sue me.

I have a family in Ipoh i cannot walk out of them and do the secondment without time frame thus i got no choice. But to choose the last option. The employer immediately send a coordinator teacher to accompany me and make sure i leave the school immediately.

In the first place i think the employer have no write to raise the 3 options as i am still under the fixed term contract.

After i left the school for 2 days. I came back to do my clearance in hope they will pay me for my 13 days of service for the month of March. 

The school give me a letter stated that they have received my resignation and reminded me i have a fixed term contract till 30th Jun 2016 and if i don't fulfilled the contract then i will be liable to breach of contract. Thus i have no choice but to report to work on the 3rd day.

The whole school staff, teachers and students know i left the school and now i have to serve the term. So the school put me in a room and i am not to see any of students or parent or staff. 

What is my options now? Do i must serve till 30th June 2016 and let them do whatever they like ? Or is there any other options that i can take.

KL Siew
Administrator
Thu, 24 Mar 2016 03:57:32 PM

Pay a personal visit to the Labour Department and discuss the issues with the officer there and get some official opinion or advice.

lisa
Member
Fri, 25 Mar 2016 08:50:32 AM

I already paid a visit to the labour department and base on my contract: 

BREACH OF CONTRACT:

The company shall be entitled to terminate this agreement by giving one week notice in writing and without compensation or damages in the event of the following.

So I have resigned on 17th March. and i should give 1 week notice as same as the employee.... but how do employee like us know after the company force us to sign our resignation letter and ask us to get out of the school immediately and yet we need to come back the next day to work? Its kind of rediculous rite?

Anyway 17th is Thus, 18 Fri and 21 Mon i didn't go to work as i taught i had resign there is no need for me to report to work. But the company send me a letter noted that if i don't work till the end date of the contract i am liable to breach of contract and i guess it means the company want me to pay.

Through the labour office, the officer explain that i only need to work 7 days as to serve my notice eventhough i already leave the company. But i can only work 4 days. thus company have the right to deduct me 3 days of salary.

KL Siew
Administrator
Fri, 25 Mar 2016 12:47:16 PM

OK, since you have been given official advice, you just do according to the advice. If you want to do otherwise, you may have to pay back 3 days salary to the employer.

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