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



On Fri, 2005-09-23 at 22:00 +0800, jason chong wrote:
> 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. 

Inherits commonwealth law, and yes, its an implied term of most
employment contracts. So yes, what you do while you're working on
company time, realistically is the company's property. This includes
e-mail, the sites you create, and so on

> 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.

I think if you take it to court, it will be in favour of the employer

You also have to remember that a lot of execs aren't directly covered by
the EA 1955, because of the salary tapering off

Again, not a lawyer, but feel free to further check with your lawyers

> 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.

The after hour treatment seemed illogical. But whatever you did during
your time at work, made sense. So even if you sat at work at 7am to do
your own work, it really is their work...

> 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.

It seems that you'd be fairly jobless if you follow this stance. Its not
only software writers that have this problem - a mere secretary doing
her Amway brochure in her spare time to increase Tupperware sales can be
fired for doing other work... And guess who the property for the "other
work" belongs to? ;-)

(yes I know Amway and Tupperware are different entities...)

>  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.

Irony is that after you start your own, and while it may not be in the
contract for your employee, if you feel you need the "IP rights" to
something they created, you'd threaten them with a legal arm
-- 
Colin Charles, http://www.bytebot.net/


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