Wednesday, April 05, 2006

Simple Lessons Learnt in Life

When did u ever read and memorise the clauses in your employment contract, in preparation of the possibility that one day you might need to exercise it?

Hardly ever.

Lately, I have learnt that the clauses in your employment contract is so important, that if you were ever put in a spot during the course of your employment, your employment contract clauses supersedes the Employment Act, should there be any conflicting clauses.

In any case, the proper flow of documentation is always very important, even when you are tendering your resignation. I've learnt my lesson well this time, and the next time I sign an employment contract or write a resignation letter, I will approach it from a totally different perspective.

Life is a never-ending learning tool...you experience many things along the way, some pleasant and some not so pleasant. As long as we take along the lessons learnt, and make sure we don't make the same mistake twice, it's an enriching experience.

Important note :
By the way, i was just called into my boss' room...apparently, i "misunderstood" him, that he was actually agreeable to my asking for a mth's notice & setting off my leave...I spoke to my HR manager this morning abt it, so she went to talk to him.

Now he said I misunderstood him, ok whatever he says...I'm very sure that wasn't what he said yesterday as I can very well count, altho my Engrish is not as good as his! 4 and 5 weeks is not the same, but i'm not gonna argue with him abt that now!

4 comments:

Spot said...

Yay for you!

Btw, Employment Act pretty much doesnt apply to us because of the definition of worker.

Debz said...

i pretty much tell most of my non-legal friends to let me have a quick look at their contract before they sign on the dreaded... oops... dotted line.

some say i'm just plain kepoh... but i know a lot of em just simply 'taroh' their signatures for the sake of it.

i'm glad you managed to talk it out with him. good for ya!

Phoenix Heart said...

Suz, Oh, Employment Act doesn't apply to us? hmmm, means we are bound by the the employment contract only? Ok la, will be more careful in future.

Debz, I didn't "talk him out of it"...I told my HR Manager my problem, and SHE went to talk to him. Then he told her that I had misunderstood him, that he had actually agreed to my request.

She herself had written on her whiteboard "5 weeks" when he told her earlier abt my release date. But like she said, doesn't matter if it was a misundertanding or otherwise. Important thing is NOW he said he's ok with the 4 weeks release date, less my leave.

I suppose if I did leave by paying off the notice in lieu, it would look bad on him too.

Spot said...

Actherly ha, you didn't make any major mistakes. I'd say that the main lesson to be learnt is not to let power plays cloud your view of the situation.

Nope, Employment Act doesn't apply. We are pretty much left to the intricacies of contract law. :)

In my Bangsar job, I didn't even have a contract though I kept asking for one!! Good faith wor. Hah.

When I quit, she asked for 3 months notice, I told her sorry, only giving you a standard one month, since got no contract. She couldnt say no, since she had herself to blame for resisting giving us letters of appointment. Hahaha. We're still on good terms, btw.

Debz, there is hardly ever a case where the prospective employee can dictate the terms of their employment. Except of course where the bargaining power is on the side of the employee...but that only ever occurs at much higher levels.

So maybe that's why your friends are reluctant to let anyone see...can't do anything abt it anyway.

It's like bank/loan documentation. Rare are the instances where they let you make significant changes.

Our friend's case here was not so much abt the contract, which is a common, straighforward one...but the petty dramas happening internally.

The necessary course of action was more to do with managing personalities and properly documenting every step with as much diplomacy as possible.