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Resigning & Unfair Service Bond

Lost Boy
Wed, 08 Nov 2017 03:55:06 AM  (Last updated: Wed, 08 Nov 2017 04:35:03 PM)

I have been working at my company for almost 6 months now with monthly salary of RM2600, which my probation period will be ending. However I was verbally informed that I will not be confirmed in this company. I was also verbally threatened to be terminated/given show cause several times for my under performance, however everything was only given verbally and there was no written warning or whatsoever in black and white. They have also never given me any constructive feedback or improvement plans to work on my underperformance.

In my letter of appointment, there is also a clause for 2 years service bond as below:

a. The company notes that there shall be a service bond of 2 years between yourself and the company:
     i. 1 year for [Position A]
    ii. 1 year for [Position B]
b. If you resign before 2 years or we terminated you shall be liable to pay the balance of your bond period based on your monthly salary or the cost incurred by the company for the training including all incidental costs which ever if higher.

As stated, it seems that it does not matter if I resign or if I get terminated, I would still be liable to pay the balance of my bond period based on my monthly salary. For this matter, I have already consulted labor department, and the officer's comment is that the part where I still need to pay even terminated is seemingly unfair to me as the employee. I tried to clarify the clause with my HR but it seems that it's not a typo.

For your information, I have not received any training from the start of my work (e.g. seminars, workshops, conferences, etc.).

I am planning to resign as the workplace is very harsh towards me and unfavorable. And it seems that the boss only wants to abuse me with low salary and high workload, not confirming me but also not really wanting to terminate me (she has repeatedly scared me by saying that she wants to terminate me for a few months now). Once I resign, there is also risk of my salary getting hold. She has held salary of many employees that tendered before this and I'm afraid that most likely I will get the same treatment. Anyway, my notice of termination clause is as below:

Notice of termination of service during probation is two (2) weeks and two (2) Calendar months after confirmation by either party without assigning any reason. Failure of proper notice in writing, you are required to pay two (2) weeks salary and two (2) months salary in lieu of notice respectively.

Is there any possibility that I can resign without paying as I have not been confirmed?
If in the case in which company insists me to pay, is there any steps for protection that I can take other than consulting lawyer?
Is the service bond clause even legal in the first place?

I'm tired of this workplace as it has been affecting my personal life severely. Any advice or support is greatly appreciated and many thanks in advance. 

KL Siew
Wed, 08 Nov 2017 04:35:03 PM

Instead of going for a lawyer, first pay a personal visit to the Industrial Relations Department and discuss the issue with one of the officers there. Anyway, it is not advisable to put in your resignation, let them terminate your service if they want. Next time, read the terms and conditions of the offer carefully before accepting any job. 

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