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Breach of Contract

Jenny
Member
Thu, 07 Jun 2018 01:29:30 PM  (Last updated: Thu, 07 Jun 2018 05:21:43 PM)

Hi,

I have received a letter from a company asked to paid 1 month salary as I rejected their offer after signed the offer letter. 

In the offer letter do not stated my date join as I haven't confrim the date join. Mean that I signed the offer letter without commencement date(date join). In the offer letter there is a statement "If unable to report to work need to paid 1 month salary".

If I do not want to paid as I already inform them earlier and there is no date join when i signed the offer letter. Is it will lead to legal issue?

Thanks.

Chinoz
Member
Thu, 07 Jun 2018 04:23:53 PM

The best action is waiting for their action because:

At best : They do not proceed with the compensation and you do not need to pay.

At worst : They proceed with the compensation and you only need to pay 1 month.

Jenny
Member
Thu, 07 Jun 2018 05:02:06 PM

Hi,

I already received a letter of breach of contract asked me to paid 1 month salary.

What should I do for next step?

Chinoz
Member
Thu, 07 Jun 2018 05:21:43 PM

Here your situation, even if they do not put the date you signed on the offer letter, it is still you wont work there. So in another word, breach of contract thus 1 month compensation.

What you can do is either you pay the compensation or waiting for their further action. The thing is in Malaysia, employer hardly take the case to the court due to little compensation they can get compare to time they had wasted.

Hence, my suggestion is you waiting their next action and if they bring it to the court you can always hired a lawyer to consult. I believe the gamble here quite good either you pay it now or maybe you pay it later (depend on court rules of course).

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