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offer letter

mrstring
Member
Mon, 13 Jan 2020 09:59:22 PM  (Last updated: Wed, 15 Jan 2020 09:12:26 AM)

Scenario

Company will give offer letter to staff when he or she joined on the first day. The staff already thumbprint and take companty asset such as acess card on his or her first working day. However, staff regret to work and willing to resign and he or she said that no sign the offer letter yet.

1) Based on this situation, he or she is considered to company's staff?

2) The offer letter must sign on the first working day right? Got any valid reason to the both parties (staff and company) to no sign offer letter on the first working day?

KL Siew
Administrator
Tue, 14 Jan 2020 01:56:11 PM

He is considered as an employee of the company as soon as he has reported for duty.
 

mdkamil
Contributor
Tue, 14 Jan 2020 02:54:36 PM

Section 2(1) of the Employment Act 1955 defines "contract of service" as any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee...

Therefore, letter of offer is not necessary to be issued/signed to validate a contract of employment. But it is important to have written contract of employment to provide clarity to all parties with regards to the agreed terms & conditions and other employment related matters.

mrstring
Member
Tue, 14 Jan 2020 09:19:38 PM

Thank you all. Could I ask another question?

Scenario

Company will give offer letter to the staffs on their first day. However, staff no come to work on first day and also no sign offer letter yet.

Based on EA 1995, in Section 2(1), he or she is considered as an employee of the company, am I right? 

Thank you.

KL Siew
Administrator
Wed, 15 Jan 2020 09:12:26 AM

Then he is not an employee of the company.