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Bankruptcy Law (8)
Company Law (1)
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Criminal Law (1)
Employment Law (9)
Family Law (4)
IP Law (2)
Others (3)
Property Law (4)
Will (4)


NOTICE: Due to overwhelming response in posting questions and limited volunteer panel lawyers, we have to temporarily stop receiving questions. Please do not post any questions till further notice.

All Categories Legal Q&A
Justice
 Area of Law: Employment Law
Q:
Dear eLawyer,

I started to work on 1/3/2006. In the offer letter it was stated "During the probationary period either party is required to give one month's notice to terminate the contract or pay one month's salary in lieu of notice.

After confirmation, the contract of service can be terminated by either party giving to the other party three (3)months' notice or paying one (1) month's salary in lieu of notice. Assume his salary is RM3,000 per month and probation period is six month."

Q1) If a person resign during probation - e.g served resignation notice on 19/5/2006 and left organization on 31/05/2006. How much the employee need to pay? One month salary or days in lieu (19 days) -from 1st September to 18 September?

Q2) If confirmed staff served notice on 27 August 2008, but planning to leave organization on 31 October 2008, how much the employee need to pay?
Karuna Kumegan from Kedah
A:
Q1- you only need to pay the balance of the days that you are supposed to work to finish the one month notice- ie 19 days

Q2- On the basis of calculation above, if 3 months notice are required , and the 3 months will be up by by 26-112008. So if the staff leaves on 31-10-2008, the staff needs to pay up the balance pay in lieu of notice - i .e 26 days .
Shirley Loh Siew Lee
Advocate & Solicitor


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 Area of Law: Employment Law
Q:
Vernon Lim from Melaka


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 Area of Law: Bankruptcy Law
Q:
K G Low from Kuala Lumpur


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 Area of Law: Employment Law
Q:
Rudolf Valentino from Selangor


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 Area of Law: Family Law
Q:
Tim Ding from Selangor


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 Area of Law: Bankruptcy Law
Q:
Dear eLawyer,

I was told by a bank that my account is under bankruptcy proceding status and hence all accounts have been frozen. I went and checked that it is due to the company that my name appears as one of the directors of the company(my father used my name to form a company for loan last few years back).

This company had a loan with a bank for a shoplot and due to the financial problem, not able to pay the instalment since few years agos (total loan from RM100K+ became RM235K+ now)and as I knew my father had approached Bank Negara for requesting the bank for rearrangement for the re-payment last year some how only able to pay for the first 4 months and outstanding for 4 months hence the bank sue the company for bankruptcy.

I had tried to approach the Bank immediately and negotiate with the person in-charge of the case, I told her to release the company bankruptcy proceeding and to release the company assets hence I can refinance with other bank with another assets and settle the loan with them in few instalments(monthly repayment is RM1800).

She told me that, to show my sincerity, I should pay partial of the outstanding re-payment hence they only able to do something. The outstanding payment is about RM7K and I paid them RM5K and requested to bring forward the outstanding balance to the following months and will continue to pay RM800 until I get the refinance loan approved, will use the money to do the full settlement.

Somehow after a week, I went back to talk to the person in charge, she told me that she thought that I was talking about my personal account frozen problem and seem not willing to release the company assets. I'm stuck now since the company assets is frozen and not able to refinance, I had approached a bank for refinance, based on the rental, it should more than enough to cover the re-payment if refinance, somehow they checked and found the said property has been frozen and there is nothing they can do and the marketing executive told me I need the clearance letter from the bank then they only able to try to refinance for me.

I had no idea how can I solve the problem, I try to go Bank Negara (LINK) to check my status and Insolvency Department there, the company and I was not in the system record. How can I get the bank to defreeze the company asset or which department I can approach? I have confidence of source income to prove that I am able to pay for the re-payment if refinanced. The rental income is about RM6k and the re-payment after refinance is less than RM4K. I am not able to pay for the current re-payment is because it is too high about 10% interest... Please help!
Siang Boon Goh from Kuala Lumpur


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 Area of Law: Bankruptcy Law
Q:
Nurul Zakaria from Kuala Lumpur


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 Area of Law: Bankruptcy Law
Q:
Dear eLawyer,

Situation:

• My shop office building in KL has negative equity over a very long term (i.e. loan much more than value)- unable to get tenant/s due to that area for a long time.

• I cannot maintain payments and payments have now stopped for 5 months (I discussed on phone and advised the bank officer in charge). He suggested I should sell my building.

• After that call, I have tried to communicate with the bank for the promised redemption sum and reduction of interest but no response.

• I have obtained 2 buyers at two occasions and advised the bank (total 6 faxed letters sent between March and June) but still no response (the property has increased a little in value and there is some increased interest in the area)

• I have tried to see if some form of arrangement can be made outside of the proceeds of the sale but still no response.

• The total loan has a significant increase for penalty and other interest which has made the situation worse.

• I am concerned that the bank may have already applied for court judgement / bankruptcy however I have received no letters or notice of default – is this normal (can they do this without notifying me) – what is the normal procedure for the bank to take action against their defaulters who tried to arrange for settlement?

• If they have done so can I find out from somewhere is a court application has been made and if so where?

• If an application is made can I write to someone e.g. administrator or lawyer other than the bank to try to negotiate a way out or is it so black and white?

• Is it time to appoint a lawyer now?

• If I am made bankrupt is there scope to negotiate a deal to get out if it earlier other than paying the full some due?

• If I am made bankrupt does this mean that I will not be able to leave Malaysia if I return for 10 years. My husband is British and our life is overseas. Is there dispensation and if so how difficult is it to get it?

• My husband has an opportunity to work in Singapore – will bankruptcy in Malaysia mean that I will have problems in Singapore if I go there?

• My husband is also a co-borrower for the loan on the shophouse but his name is not on the lease. Will the bank pursue bankruptcy for both of us in UK as well?

• I have a house in KL also under a loan (different bank) but with some equity – how will Bank go for this property?

• I have some family loans (brother and sister). Is it possible to get money from the sale of the house to pay them back before the bank tries to get it? Will they get any consideration in my bankruptcy?

• Is there any facility in Malaysia to reach an individual voluntary arrangement (IVA) as in other countries to pay back the debt(s) in an agreed manner?

• Is there an official organisation that acts against the banks to ensure that they act properly and if so where can I find it?

Your advice would be greatly appreciated.

Thank you and regards.
Christine from Outside Malaysia


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 Area of Law: Others
Q:
SEONG JIN SHIU from Perak


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 Area of Law: Bankruptcy Law
Q:
Dear eLawyer,

I am now not able to pay back my huge debts even after seeking advice from AKPK, a debt counselling agency of Bank Negara. My credit cards & personal loan debts (unsecured) are owing to about 10 banks. I am left with no choice. Therefore, I am desperate to seek your advisory help.

I understand that the Insolvency Dept is located in Putrajaya. How can I apply for individual bankruptcy? In the meanwhile, how fast do I receive a writ of seizure(if any) of my belongings at home?

If successfully applied for the individual bankruptcy, what are the things deprived from me? Am I able to own a car if that car is meant for me to earn a basic living? Do I need to pay any charge or cost for the application? Any monthly payment upon bankruptcy? Is it true that after 5 years of bankruptcy, I can apply for a discharge?

I sincerely hope your panel lawyers can advise me as soonest possible.

Thank you.
Robert Wong from Kuala Lumpur


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