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This is a brief guidance on how to resign from a company from a ligitimate and to
cover your A$$ (CYA) from unscrupulous Employers.
WHEN YOU ENTER THE COMPANY1. Letter of Offer/Contracts
Always remember to read your contract before you pen you name down, take your time there is no rush.
Checklist
a. what time do you have to be at work
b. your job scope (little relevance since most likely u end up doing some other junk)
c. how do you resign during probation/permanent staff/ contract staff
d. your salary obviously
e. how can your employer terminate ur employment
d. how many days do you need to give notice.
e. Non-disclosure obligations (especially those working in banks back office, semi conduc as engineers)
f. Restrictions that may apply to u after termination (say ur not allowed to work with another college) the so called negetive covenants.
NOTE:
Rights and privileges may differ as a probationary, part time, full time, contractual staff so be extremely careful.
*the above does not apply to FREELANCE work.
2. When you receive your OFFER Letter/Contract, handbook, guidelines, company policy, code of conduct... read all the pages word for word, this will help you to steer clear of trouble. KEEP it because u may have to return it to HR when u terminate your employment.
WHEN YOU EXIT THE COMPANYAlot will play on emotions, human attitude, chracter, boss and etc... i wont go into those aspects but i will assume that there might be some difficulty for you resignning. So you need to employ the right tools at the right time to avoid a less than amicable departure. Some employers if they really do not like you may spread rumours about you, especially if the industry is really small. Therefore it is paramount that if u plan to resign, leave with a smiling face or even better they are willing to take u back anytime if u request to.
1. Tender ResignationChecklist:
1. Make sure your work is more or less completed.
2. If there is Company Policy that does not allow u to off set annual leave during notice period than take leave earlier before the notice period.
3. give urself 2-4 months in advance think it through before u resign (if u need more time just take ur time)
4. Don't forget look for a JOB before you resign, don't want to end up eating dust.
5. As quietly as u join the company, as quietly u should leave the company as well. (smaller companies may have B-h staff but its ok) but once the news is out the clock starts ticking and there is no turning back, u cannot even retract ur letter.
6. REMEMBER TO GET YOUR CONFIRMATION LETTER OF TERMINATION/RELEASE FROM THE COMPANY*
*6 Apparently release letter of termination is not really a necessity, some companies do give it as a formality to the termination. Whilst other companies dont even give one. So no harm to have one and no harm if you don't have one. SO long as you fulfil your contractual obligations.
****
Sample of Resignation can be as simple as this:
[Company Address]
[Date]
Dear Sir,
[subject Matter]
Refer to the above.
Please be informed that effective [date], I am resigning from your company provided for in my employment contract. Henceforth, I will serve the designated [X] month notice period as per required by my contract till the expiration of my notice.
Thank you.
Regards,
XOXO****
The simpler the letter, the less questions will posed to u. I prefer not to say anything at all even if my boss had spend 45 mins lecturing me about life lessons, dont give up, tell me who back stabbing u bla bla bla.. i will keep my mouth sealed. If u should choose to spill all your dirty laundry about the company, be prepared to reap the whirl-wind.
Resignation_Letter_Sample_v1.doc ( 24k )
Number of downloads: 979 ****
Added on 130709
Extracted from
SOSWritten by Tsukasa
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[Your Name]
[Your Address]
------------------------------------------------------------------------------------------------------------
[Company Name]
[Company Address]
[Date]
Attention: [superior/immediate superior/HR Manager]
Dear Sir
RE: Resignation
Please accept this letter as my formal notice of resignation from [Company Name], effective from [Resignation Date] with [one month prior notice].
The reason for me to resign is to [Your reason for resigning in not more than 20 words]
I would like to take this opportunity to thank the management for the support and co-operation during my terms of employment with the company.
Thank you.
Yours faithfully,
……………….
Name:
IC:
Cc. [Superior/immediate superior/HR Manager]
2_RL.doc ( 24k )
Number of downloads: 138If you really really really need the release of termination letter
Release_of_Termination_Letter.doc ( 24.5k )
Number of downloads: 515---------------------------------------------------------------------------------------------------------
Useful Links!
Jabatan Tenanga Kerja Semenanjung Malaysia
http://jtksm.mohr.gov.my/index.php?option=...d=99&Itemid=221Added on 130709
Article y Ladysman:
SOSAdded on 130709
Elawyerment
Law Library/Employment Law:
SOS-----------------------------------------------------------------------------------------------------------
I am going to look through and to get a "collection of resignation scenarios" from Forumners who have posted their issues, will continue to refine and filter the pages for some good advice not only my own but the advice of many other forumners who contributed.
Making resignation a blessing rather than a pain in the A$$...
---->
Scenario 1Want to Resign, but have some issue.., Annual Leave issue
http://forum.lowyat.net/topic/885901QUOTE
QUOTE(Riki1 @ Dec 24 2008, 11:12 PM)
Hi All, currently I want to resign and i have left about 10+ Annual leave.
Here is the problem which is I'll nit to give 1 month notice to my current company for resignation, if not they will nit to penalty me for 1 month salary, it is stated in the contract.
So, i request to place my 10+ Annual leave to offset the 1 month notice period but HR said the company policy is Annual Leave cannot be used to offset the resignation notice, but this kind of policy did not indicated in my contract.
Now even i wan to apply leave, but supervisor rejected my request and she said that during resignation period i cant apply leave.
So i nit to get some advise and comment from u guys, since this company policy did not indicated in my contract, so can i juz leave after 3 weeks? will they send any lawyer letter to me n penalty me for 1 month salary?
( I had give the resignation letter on 18 Dec and I am going to leave on 3 Jan 09, I already stated this request in my resignation letter )
Thanks
By Aurora97
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Depends how Far your willing to go, you can do the following
1.Ask the HR manager to produce the company policy... (definately say u cannot see one, i know this for sure)
2.Ask HR Manager to put in writing (at this stage he/she scared like hell, will not produce it to u, instead give u 101 million reasons)
3. Now ur turn, write a Memo/leter to HR dept, saying stating that becoz ur HR Manager unable to produce company policy and put his/her answer in writing. u r entitled to take annual leave.
4. At this stage two things will happen
A) they surrender and let u take annual leave
B) they are adament and will fight until die together (suddenly they produce Co Policy)
Don't worry not yet die yet...
5. Ask them to look at ur contract, nothing in contract agreed between employer and u. So if not in contract means no apply to u!
6. 2 things can happen
A) surrender
B) No surrender still want to fight
7. Did they produce u a Company Manual or Code of Conduct? I suggest u better start reading it, if u want to challenge them. Normally the books will not mention anything about this can't offset annual leave prior to resignation... so hantam them again.
8.
A) surrender
B) no surrender
8. Jialat inside contract got say... "Bound by company policy whatever changes/amendment variation bla bla bla"
The best is of course they never say anything abt company policy, handbook, guideline, code of conduct and all the rubbish...
Than u tell them if contract got, u never give me notice also, how i know?
NO notice give = no changes to the contract = what is written in the contract and agreed between u and ur employe shall prevail.
9. SURE WIN!
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Scenario 2 "Sacking" like what Donald trump does "Your FIRED"By aurora97
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Be4 u go to crt with guns blazing, do some study and collect ur documents/evidence.
What I suggest you to do now:
1. Get a letter confirming your sacking.
If you want your job back
A) Request the HR Manager who told u that u r sacked in the first place to put what he said in writing.
If you don;t want your job but you want to pursue legal action.
B) get a confirmation letter of your sacking in writing.
Reason?
~ If your HR Manager just decided out of the blue that you should get sacked without going through management, he/she is going to get sacked. If the HR Manager confirms what he said in writing that you were sacked, even better got more drama.
~ assuming your contract say what it say...
Notice in writing should always be given, the letter confirming your sacking should also state reasons why you were sacked. If there is no reason stated, thats the best case scenario.
2. If your confortable writing to your employers: (otherwise just sit bak and collect letters from ur ex-employer)
~ when did the HR manager (mention name/designation/time/ date etc...) inform you that you were relieved of your duties.
~ why wasnt there any warning letters?
~ on what basis they were rsacking u?
~ under which terms and conditions of your agreement?
~ ask them to produce evidence and any documentation which supports their reasoning the management wants to sack u (if they produce ur fxxxing lucky and they r fXxxing stupid, depends how u play this card. May back fire, if last minute they notice they didnt have the paper work in order, they can just create it out of thin air)
~ whether you want to be reinstated or not.
~ finally give them 14 days to reply to your letter.
~ have ur letter acknowledged receipt make sure they received it.
3. In the mean time start collecting all the documents and prepapre for war. you should have at least 4x copies of each documents.
4. Oh by the way...
If they really sacked u and no hope of turning back.
Mitigate your loses by taking up another job rather than sitting around doin nothing. Each time you apply for a job, go for an interview etc.. any proof that you were actually trying hard to look for a job take note of the time/date/person and details identifying the job.
This will be helpful if in the event you proceed with legal action. It not only shows that ur genuine in your work but also shows what scum your employes whom have left you high and dry with nothing but sand in ur pocket.
Make sure to practice ur fake tears as well.
Your bank statement to show ur desperation etc...
**********************************************************
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5. Negotiations/ Settlement /Reinstatement...etc..
Prior to commencement of any Legal Proceedings.
Take note... the following scenario:
~Your employer notice the mistake and what to make right with u.
Ok so they notice they were wrong, it would be wise for you to accept re-instatement.
Before you accept their surrender flag...
a) Ask for a written letter of apologie
b) compensation (if applicable) say unpaid salary/wages etc... that is due to u. Don't expect freebies.
Settle at ur own RISK.
~ Your employer wants a negotiated settlement.
Very tricky, read what disclaimer/indemnity clause, or whatever shit they pull out of their sleeves. When ur on the negotiation table for settlement MAKE them give u ample time to think like 1 or 2 days. If u have been offer such documents feel free to post it on the forum, we can all read it together and decipher the meanings for u but of course u do ur own thinkin alsola
TAKE NOTE, that settlement/negotiated settlement certain matters (may or may not) or issues can't be used in a legal proceeding and is priveldged material
ALWAYS REMEMBER, if there is an opportunity to settle/be reinstated this are all the best options provided u retain ur status quo.
~ Your employer sends u tonnes of mail explaining the sad events etc... certain matters may require u to respond within 14 days etc... Do respond but becareful of the way u respond, think using both left and right side of ur brain before penning down anything. You don't want to shot urself in the face.
~ if your employer is playing underhand tactic, tell them there is nothing else to say and see them in the court..
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Scenario 4 (oops!)Resign without giving sufficient notice ..., Really need to pay back ? http://forum.lowyat.net/topic/600998?hlQUOTE
I ask on behalf of my friend .
His salary is Rm 1,800. He is required to give 2 MONTHS notice b4 resign. He just receive a job (KPLI/DPLI) & need to sign in after 2 weeks. (government always LAST minute )
So, he only can give 2 weeks notice to the co. (2 months is required)
Therefore , he need to Pay BACK 1. 5 months (around RM 2,700) to the company.
He don't wan to play fair bcause he just get confirmed one month ago.. (I know, should pay back, but if not pay back, whats the consequence?) DO u think the company will sue him ? So, even SUE, need to wait for HAlf Year, One year ?? I doubt company will bring it up.... And HR staff responsible may already left the co.
**ps, 2 months notice is IN the contract & got employment letter !!
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Employment contract is simply put it a binding contract, yes it does give the right to the employer to sue if the employee goes Awol and works with another company without giving the 2 months notice.
Your ex-emplyer can basically take your contract and go to your current employer and force them to terminate your employment contract because they know that your still being bound by an already existing contract.
Next time before anyone pen down your name on any paper read the fine prints!
Sum it all up that person got owned.
--->
Scenario 5 "Resignation during probationary period"
http://forum.lowyat.net/topic/884753?hGood advice:
by oplotot...
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never quit ur job before u have found another job .. and when I say another job means with offer letter of course..
as for resign during probation let me u share with you my experience ..
this year only I have worked with 4 companies .. I resigned from a GLC on march and joined a software house company .. the reason I gave them is I want to learn new skills and new technology .. I was given 4 months probationary period.. I'm not satisfied with the current company at that time because they don't pay me my EPF and that's the reason I gave to the company that interviewed me.. again I'm not satisfied with the new company because they do not provide a proper handover and so after 2months I left and joined another company with that reason ...
what i'm actually trying to say here.. make sure u have a good reason when the company that interviewed you ask why u want to leave.. don't simply say because I don't like the people there.. I cannot tahan then workload for example la eh... sometimes u need to lie at that point .. just simply say that u look for better opportunity .. that company pay ur salary late.. after all .. whats the point working there if your don't feel like working ..
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Scenario 6 "Need Advice of Resignation Letter" Part II ---lookin for part one
http://forum.lowyat.net/topic/857019Commentary:
quite a good reading but yet to know conclusion of the matter, if you read this you might end up hanging in mid air.
Provided your performing well in your task, meeting targets and doing reasonably well (dont need exceptional) than obviously there is no grounds to sack a good staff.
3 years working in the same company in a hostile manager.
Checklist
1. was there any written appraisal done on your performance?
2. was there a warning letter given on poor performance prior?
3. Any sort of diciplinary hearing or letters?
Note that any attempt by a manager if verbally spoken to force an employee to resign from a company can be intepreted as a threat or intention to sack an emplyee. You may want to record the time and date and the actual words spoken to you.
Interesting I didnt know there was a 13th Month Salary?
by seantang
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With regards to your 13th mth salary, the company should give it to you pro-rata, even if you leave before a full year. That's because the 13th mth salary comes about from the fact that there are 52 weeks in a year, but only 48 weeks in 12 months. So, each full year, you actually work 13 mths comprising 4 wks each (as opposed to calendar months).
On the other hand, if your employment contract (I assume you're paid more than the threshold of the Employment Act) doesn't stipulate that a 13th mth salary is payable under contract, then you or may not get it, depending on company policy towards resignees.
So, ask your HR first if they will pro-rata.
With regards to your boss, she's trying to tell you that you're not what the company is looking for and you should quit, rather than force her to sack you. My advice... don't fight it. Your boss obviously doesn't want you around anymore and will be against you from now on. Why make yourself suffer under a boss who wants to get rid of you? rate good
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Scenario 7 " if signed already reject the offer,how?, any law can sue me? "
http://forum.lowyat.net/topic/830373---->
Scenario 8 "Resignation"
http://forum.lowyat.net/index.php?showtopic=821489&hl=---->
Scenario 9 "The Best Way To Resign, Don't burn bridges!!! "
http://forum.lowyat.net/index.php?showtopic=527205&hlBy Boon
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QUOTE(b00n @ Sep 26 2007, 11:57 PM)
Let me relate my experience.
The first time i left, I got a good reason as I'm a contract staff and the company can't promise me a permanent position yet. Thus I told my boss, "Now you can't promise me anything solid, might as well let me go out and try elsewhere and next time when the opportunity comes and you still need me...just give me a ring".
2nd time I left, I guess I left in a our note. I bombarded most of the head I dealt with in an email commenting on how I got mistreated and the empty promises. Anyway, I did give myself a bridge because I knew of a boss which is going into that company soon as I had a chat with her before she joins. She persuaded me to stay and wait for her to join, but eventually I declined. Than I told her the same sob story, whereby I said let me gain more experience before coming in to help her.
By Callmepaper <-- this guy is a serial killer.
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QUOTE(callmepaper @ Sep 27 2007, 10:44 AM)
interesting topic. let me share my experiences with you since i resigned a lot of times
1st (2 years): typical, better salary and career advancement.
2nd (3 months): i got 90% salary jump, so, irresistible, and i resigned on the day of confirmation. i'm a bad guy.
3rd (9 months): s'pore-based accounting software firm, startup in m'sia, closed down. everyone got fired.
4th (1 year): dot-com company, startup, closed down. i left when my salary got cut 25%. i guess my resignation is a mutual understanding. oh yeah, my ex-superior teased me that i leave when the company is in deep shit.
Current (5 years+): i have good relationship with my boss, if it comes to the day i have to tender my resignation letter, i will tell him: "you taught me, no one is indispensable."
after all, to have a good testimonial still boils down to your relationship with your superior.
By CallmePaper
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QUOTE(callmepaper @ Sep 27 2007, 02:13 PM)
usually, you do not need a testimonial if your track record is good. you will only need a testimonial if you are going for an interview. if you are being offered a job, the testimonial is not necessary. one that requires a testimonial is usually those:
1. contract-basis, and ending soon, company is not reneweing the contract, need to find a job.
2. permanant position, company is closing down or not doing well and offered VSS (Voluntary Separation Scheme) to staff.
3. permanent position, keep for future reference use.
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Scenario 10 "Want to Resign, Got 19 days leave., What if the company wont let me go early"
http://forum.lowyat.net/index.php?showtopic=417628&hlBy Doltan
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QUOTE(Doltan @ Feb 25 2007, 05:04 PM)
The company I am in, when you submit your resignation, all annual leave is officially frozen, in order to prepare for the handover. The annual leave are compensated by $$ in the end, but you are not allowed to use them to reduce your minimum notice period.
However, those are "procedures", and I've seen lots of cases where arrangements can be worked out with the bosses to continue using some of the annual leave (with good reasons), or to leave a few days earlier.
So I would suggest you go and dig up your employment contract to confirm the terms and conditions, and also have a good discussion with your boss on the handover.
By Tinkerbel
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QUOTE(tinkerbel @ Feb 25 2007, 04:10 AM)
avenger,
If u wanna run away and don't show up tomorrow for work, there's nothing ur employer can do - honestly! But ask urself if it's responsible to do something like that?
It is *always* good to leave on a high note and why stoop this low to just proof a point? It's good not to be too calculative, but always find a balance so as to not be taken for a ride too
--->
Scenario 11 "resign letter"
http://forum.lowyat.net/index.php?showtopic=333298&hl~Contains a link to sample resignation letters, use with care may or may not be suitable and dont use blindly.
See my snippet here =
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http://jobsearchtech.about.com/od/letters/l/aa030998_6.htm
by Rexit
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Scenario 12 "What to do if company refused to let me resign?, Career "
http://forum.lowyat.net/index.php?showtopic=329228&h--->
Scenario 13 " How to write a resign letter ?, anyone know the format? or what to write"
http://forum.lowyat.net/index.php?showtopic=277277&hlLinks:
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http://www.i-resign.com/uk/letters/default.asp?
by Goldfries
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Scenario 14"[WTA]how to write a resign letter?, can anyone teach me?"
http://forum.lowyat.net/topic/260742?hlLink:
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http://www.google.com.my/search?hl=en&q=ex...le+Search&meta=
by TSG
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Scenario 15 " Retrenchment, cut salary, is your company doing so? "
SOS---->
Scenario 16 "Sued for Leaving [Company]"
SOS---->
Scenario 17 "> Resign without giving sufficient notice ..., Really need to pay back ? "
SOS---->
added 4th Feb 2009
Scenario 18 "Ask To Leave By Employer, I was ask to leave by my Finance Manager"
SOSExtract written By Sedjet Post #60
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I found an an excerpt from a reply about retrenchment from lawyerment.com.my:-
"Generally speaking, it is NOT that easy for a company to fire its employee at will like an absolute dictator. The company would require to show proof of the necessity of retrenchment and compliance of the procedure in the retrechment exercise. In simple words, the company needs to prove there is a real necessity for retreching staff. The company financial reports may need to be opened up. There would be a close scrutiny of the company's action to ensure there would be no favourism in selecting the staff for retrenchment and every steps would taken to see that the affecting one are properly compensated. This is certainly NOT an easy task. The costs and the "price" [not necessary confined to $$$] are just too much for any company to bear.
What is the company's aleternatives? A commonly way is to use under hand tactics to scare off the uninitiated staff to go off with as little compensation as possible. Then offering a little sweeteners to those offering a little resistance. For the remaining few tough nuts, they may be left alone or offer extraordinary compensatiion.
Perhaps the key point is that it is the company that has the burden to prove his case. Whether the company is in a "very difficult" position and it is "necessary" to retrench employee is the company's concern, NOT yours. You are most likely not in a position to know the true status of the situation.
Knowing the law and the art of negotiation take time. You may not be able to acquire to achieve this when your need is immediate. Knowing a little would do more harm than good. IF this matter is serious enough for you, perhaps you would be happy to consider seeking professional help now.
Industrial court is generally regarded as a reputable institution for fairness. Besides of seeking professional service, Industrial court and Labour Department seem to be your good starting point. Putting the company in strict proof of the necessity and compliance with all the procedural requirements that you are entitled may give you unexpected favourable effect"
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added on 220409
By Aurora97
Scenario 20 ""If you did not sign the confirmation letter, are you considered a confirm staff or probationary?"
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added on 140509
By Rexit
Scenario 21 "Asked to resign after end of probation, & take new offer letter. Labor law issue"
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Extract written by Rexit:
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Yesterday HR summon me and ask me to sign:
- resignation letter dated end of last month
- resignation accepted letter from MD dated end of last month
- new offer letter with same pay and title, but annual leaves cut into half, starting dates changed to this month(1st June), and effectively discredited my stay in this company for more then 6 month.
I was told that this is just for documentation sake because I am changing supervisor(new manager came in) and its part of the ISO thingy. And then the manager told me that probation period cannot be more then 6 month.
Can anyone tell me or comment on this situation?
I am a little stunned when they asking me to sign these things, and I am brain storming about the real purpose of doing so;
- r they trying to get rid of me?
- do they think that i am an idiot?
- this is just some ISO practice(bullshit)
I am drilling the offer letters words by words now.
Note: Concluded issue, just added some follow ups.
--->
added 130709
By Naive Lady
Scenario 22 "Medical Treatment After Resign, still entitled?"
SOS» Click to show Spoiler - click again to hide... «
I have submitted my resignation letter but my last day is 31/07/09.
If I am not feeling well and go seek treatment from panel clinic before my last working day, do i still get reimbursement?
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added on 130709
By Abudin
Scenario 23 "Confirm or Resign"
SOSExtract Written by Abudin
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One of my cousin asked me about this career problem he is facing. I thought, I will share with your guys and seek your opinions.
He is currently working with this company as senior support. It has been around 1 year only now they want to confirm him. His previously had a contract of 6 month. That means he has been working for 6 months without contract and could have leave anytime.
Now, eventually the company offered him confirmation which he is reluctant to sign up. The salary did not increase. Previously, his manager promised will have little increment. His current salary is okay. Not high and not low. Maybe a little on the low side for the extra things he has been doing for the company.
He is thinking of resigning cause he is unhappy about the delay and not no increment. Currently he is taking quite a lot of responsibility and company will definitely need him. He felt the company is taking advantage of current economy situation and not increase his salary.
He have a family to take care but also have some side income. Resigning will not make a big dent to him. He should be able to last 6month or so.
Pros about this company:
- flexible working hour (late also no problem but not too much)
- relaxed environment
- immediate superior is okay
Cons
- sometimes need to work at night and weekends
- always need to work from home (hence the flexible hour)
- stingy boss
- work got difficulty due to bad management
- lack of SOP
- work other things out of his responsibility
- don't see much future in this company
Question :
1) Should he accept and sign the confirmation?
2) Should he re-negotiate? He did tried before.
3) Should he just resign?
4) Look for other jobs first then resign?
My advice to him is (3) since he have side income. Let the company feel the wrath for trying to take advantage of staffs.
What you guys think or advice?
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added on 130709
By Online_vincent
Scenario 24 "Salary not paid, long notice period"
SOSExtract written by Online Vincent
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here is my situation... my co haven paid las mth salary... this month oso i think will follow suit... wanna quit but tied to a long notice period... 3 months... but i still under probation... how?
Extract written by Aurora97
Note: Not only did he Not get his SALARY, his EPF wasn't paid either!
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Omg thats more serious than i thght.
Check this out.... i will look for the supporting act.
You might want to consider lodging a police report than (again my thought)
8. EPF
8.4 When Should Employer Pay Contribution to EPF
An employer shall before the end of the first week in the first month in which he is paying required paying contribution to the Employees Provident Fund.
An employer shall prepare and furnish a statement of wages to each employee.
An employer who fails to make contributions to EPF shall be guilty of an offense and shall be liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding RM10,000 or to both.
--->
Added on 130709
By Monochrome
Scenario 25 "Resignation doubts" -its much more than this
SOSExtract Written by MonoChrome
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hi there....i'm currently working in a MNC company...i have some doubts about the resignation letter.
i) who am I supposed to address in the letter since I'll be passing the letter to HR. ( is it appropriate to just put this "To Whom It May Concern")
ii) is it not neccessary to inform my manager about it since I'll be passing the letter to HR. i hope to make this as quick as possible without them noticed this and invite me to room to have a serious talk. sad.gif
iii) What does it means?
iv) do u guys usually write in the letter u'll be going to other company or giving ambigious reasons for leaving the firm.. i really don't know what reasons to write leh... rclxub.gif
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Added on 130709
By Justin_Lee
Scenario 26 "Employer didn't remit tax to income tax department"
SOSExtract Written byJustin_Lee
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Employer deducted income tax monthly from salary but didn't remit to
income tax department.Already informed to income tax department on this..
DO need to do anything else to be on safer side?
Extract Written by tgeoklin
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Don't worry, IRB cannot penalise you since they are the one who mandated your employer to collect the payment from you. So if employer lari, its considered their agent absconded with their money ie. you are not liable at all & deemed to have paid all your taxes tongue.gif
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What I am stating is the legal position. IRB cannot do as they please, they must also follow law, just like us. If they want us to check then they must provide us with monthly statements. Otherwise its solely their risks and responsibilities. What they are trying to do is to intimidate you in order to cover up their weaknesses. Please be aware, they cannot do anything to you that's not provided for by Law. Trust me, I deal with these morons plenty of times. Be firm and know your rights brows.gif
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Don't worry, all you need is write a letter to IRB stating the particulars of the act by which the employer is required to deduct your salary and pass to them with the duly notorised pay slip, salary credited into bank statements, letter of employment etc via AR Registered and instructing them to settle or credit your a/c asap and to desists from passing the buck to you further. Make it very clear that its their agent which took their money and thus its their responsibility to make good and not for you to do so. CC to your local papers, MP etc should you want instant results tongue.gif
Seriously, they lost tons of money back in the last recession when lots of companies folded without remitting such deductions but employees are not required to make good such to the IRB, and neither can they force you to do so without revoking the entire PAYEE scheme rclxms.gif
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Added on 130709
By kerygma
Scenario 27 "How to write appeal letter to my HR depart, anyone write this kind of letter before. "
SOSExtract Written by Kerygma
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Guys,
I need help here.. i was under contract with my current company but the problem is currently i got new job with better pay from my current company. My question is how do i write letter to appeal to the HR Department so that i only pay the left over month or mayb can waive the contract. i know someone did this in my company.
Thanks in advance.
P/S: really dont know how to start this kind of letter.
Extract Written by Aurora97
-Assuming this is the answeR?
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Dear Sir,
I acknowledge that I am bound by an 18 months employment contract with your Company with 3 months remaining prior to maturity.
I am writing to obtain approval from your office for a waiver of the 18 month employment contract, in the event I should breach the said contract prematurely by serving less than my contracted 18 months employment contract.
I am willing to compensate the Company the balance of the remaining 3 months of my employment contract in lieu of being penalized for a breach of contract.
Hence I would like to seek your written approval prior to tendering my resignation letter.
I look forward to a favourable reply from you in relations to this matter.
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Added on 130709
By stanly007_2
Scenario 28 " Re-sign 's notice period., I am TRAPPED !! "
SOSExtract Written by stanly007_2
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Hi,
Last year I sign one agreement with my company and there stated I need to give 6 months notice if I want to resign.
That time I did ask for the reason why 6 months so long? The answer from the administrator is "You are playing an important role in this company so you will need to give 6 months notice to get someone replace you."
When I sign that agreement I didn't know from the labour law the MAX resign notice period is 7 weeks ( been working 2 years since they still a small team )
So now finally I know my right and I insist want to leave after 7 weeks instead of 6 months. is that possible?
Because when I sign they didn't mention the labour law stated 7 weeks and I feel I kind like cheated by them. I feel so pissed when I know the truth from labour law.
So since they CHEATED me on the resign notice period, can I still leave after 7 weeks follow the law or must stay for another 6 months follow the agreement I signed?
Reasons why I want to resign?
1. Relation with my boss is damaged and unrecover.
2. The project timeline are always get shorten and treat my team as SUPERMAN.
3. No OT pay for years No project bonus for years.I help them earn lots in the past few years but I get nothing in return. While boss is changing his car this year.
4. I start to bored on the situation and pissed on everything it is better I reject myseft before something bad happened to my reputation.
Please give advise to me cause I am TRAPPED on this shitty position. cry.gif cry.gif cry.gif
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Please refer to here
http://www.lawyerment.com.my/library/doc/empl/fr/Under
"WHAT IS THE NOTICE PERIOD REQUIRED TO TERMINATE A CONTRACT OF SERVICE ?"
"2 years or more but less than 5 years of service - minimum 6 weeks "
Correct me if I am wrong =/
Extract Written by Mackkido
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hahaha ..human always like that. better prepare for lawsuit if breached of contract.
A contract is an exchange of promises between two or more parties to do , or refrain from doing, an act which is enforceable in a court of law . It is a binding legal agreement.That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy.
This post has been edited by aurora97: Jul 16 2009, 06:48 PM 
Resignation A-2-Z Handbook, Updated as at 13/07/09 
Dec 26 2008, 05:06 PM
Are we simply tell the truth or have to come out with a "nice" reason? 
