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Fixed term contract but want to resign earlier

Rachel
Member
Sun, 04 Sep 2016 05:22:27 PM  (Last updated: Mon, 05 Sep 2016 08:55:03 AM)
My contract had stated that I was offered my current psition from 05/01/2015 to 31/12/2016. I signed the contract without a knowledge that it is a fixed term contract and my employer never informed me that it is indeed a fixed term. There is also no clause regarding termination and layoff benefits like a usual fixed term contract.There is a probation period of 6 months (or "Contract review period") as in the contract to which it stated that I am not permitted to bring it to early end by resigning or teminating the contract prematurely during this contract review period. So I assume I can resign after the probation period.I wanted to resign early but since there is no clause regarding termination or resignation, I had given 2 weeks notice to my employer. The employer had sent me a letter to remind me that my contract is a fixed term contract (that's when I knew it was a fixed term) and I have to serve the company until the contract ends or be liable of breach. Following that, I had sent an appeal for an early release to which my employer rejected by sending the same reminder. I only have 3 months plus to go before the said contract period ends.There is however this statement under the clause of "breach of contract":- The company shall be entitled to terminate this agreement by giving one week notice in writing and without compensation or damage in the event of the following:--My salary is less than rm2000 so I am aware that I am protected under EA 1955. My questions are:1) Can I resign if I am in a fixed term contract? 2) If I had served the employer 2 weeks notice and they do not accept my resignation, can the employer takes legal actions against me? Do I have to pay the employer the remaining 3 months plus of the contract?3) Is the contract a genuine fixed term contract since the job position is very crucial in the working place (ie: teacher in a school or school nurse etc) and not as a temporary replacement of any permanent staff? The contract seems to unfairly binding an employee to the working place for 24 months at the employer convenience and waiving the rights of employee to resign by politely threatening the employee with legal actions if they ever intend to resign.
KL Siew
Administrator
Mon, 05 Sep 2016 08:55:03 AM

Since you have already given 2 weeks notice for resignation, so be it. Actually the minimum notice is one month. It does not matter now.  Let them take action against you if they want and let the Labour Department investigate and decide.

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