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Breah of Agreement

SEE LAI
Member
Wed, 05 Jul 2017 05:31:12 PM  (Last updated: Thu, 13 Jul 2017 03:05:48 PM)

Dear Sir/Madam,

Good evening.

The case is like this, I signed an incentive agreement (stamped) with my employer which bind me for 3 year (going to finish on 31 December 2017), it stated that if I leave before the date stated, I will be required to return all the incentive that they paid to me previously.

In between, we do not have an employment contract for my job scope or even notice period. Due to the management people are very rude (keep yelling) to me, and I have been trying to accept the situation but still I cannot. It happens mostly when we have different opinions, or the boss is not in mood. Therefore i am planning to leave for my mentally good.

Another issue in between is, i did not receive the second year incentive personally in my account. Instead, they helped me to put into another business as a partner (but they only put my share as RM1). My consent for this case is I do not want to take anything from here.

Due to the stressful environment, I decided to leave and talked to them about my consent. However, during the discussion, I was warned to return the first year and second year if I really leave the company, as well as threaten me to serve 3 months notice (as during our discussion, I sincerely informed them about my new job, and I actually have a handover plan for the firm about 2 months time).

Is there anyway to leave the Company at a minimal loss on me? I find it unfair that my second year actually in thier new business and I told them to take that portion as a return to them, and I am willing to return the first year incentive, but they threaten me that if i give up the share in second business, they will just forfeit it at the second business, and I am still need to pay the incentive back to the first business.

Hope to hear from you soon.

Thank you.

Regards,

See Lai

T E TAN
Member
Thu, 13 Jul 2017 03:05:48 PM

Without looking at your agreement with the employer, it is rather difficult to advise. Normally any incentive paid to an employee is considered part of his/her income. Also in an agreement, there are always two essential elements involved ie Consideration and Action. In other words, in incentive schemes, in consideration of the good performance of an employee (eg achieving KPIs), an incentive payment is made to the employee.

So employee renders good service, company pays incentive. In your case, I don't know how it was actually worded in your contract. So difficult to comment.

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