Re: [ossig] Malaysian Law With Respect To Employees Who Program On Their Own Time

[jason chong <jcvw75@xxxxxxxxx>]

I don't remember any such law in the Malaysian labor law or whatever
handbook I could find online. Employment laws in Malaysia are available
online, can't find the link for now, but you can easily google it. 

What I do want to share, is that each employer are entitled to set
their own employment contract, or the appointment letters you get when
you are going to work for them, (In which you are allowed to take your
time to sign, some give you 1, some 2, and some up to 4 weeks). Whether
these terms are upholdable by the law, will probably have to depend if
they violate the employee's rights.

In my first 'job', I was suppose to work for this company (maybe it has
defunct) called Softlink Sdn Bhd. I took the employment letter and
there was a disturbing clause which goes something like, anything I do
when I am with the company (any work I produce even at my own time
after work hours outside of the company) and AFTER i leave the company
(very vague term but could mean either I am off duty or have resigned),
the company has the right to claim copyright on my work or discoveries.

I asked for the clause to be changed but they refuse and insisted it
was standard procedure. They think just because I was a freshie they
could manipulate me. Of course, as a freshie I did show my dad the
employment letter and he is the one who highlighted that clause and
asked me to get it changed by the employer. 

The employer refused to budge and that speaks volume about their
intentions and how much respect they have for their employees. It was
never on my resume, but after working there for a month, I collected my
pay and said goodbye to them.

I would rather go without a job than to have my rights and dignity
taken away by companies trying to get upper hand in every negotiation.
They wanted a WIN-LOSE situation, where they win all and you win
nothing. They think you should be grateful you're being offered a job,
but my reaction is , to hell with these companies. If that is how it is
with all IT companies, I rather switch careers (if i were to be a
wage-earner) or I start out on my own and keep my rights.

On 9/23/05, Nur Hussein <nhussein@gmail.com> wrote:

Is there such a law in Malaysia? Any law experts in the audience?

-= Nur Hussein =-