anyone can help me?
i`m to resign, i have pass my resign letter yesterday night, my boss no allow me to resign.
she ask me: if she don`t wan giv me the salary, what is my feel? that feel is she feeling now.
i had nth no answer her.
i`m suffer now, i scare i did`t get any salary. help me plz

i`m still under propation period.

This post has been edited by alan5997: Oct 2 2009, 12:53 PM

I had a discussion with the HR Manager.
But fortunately there's this one staff who worked under 3-6 months probation too.
She quit after 2 months...then joined again yesterday

So I ask the HR Manager whether she can do that without paying to the company, he said yes.
So, I can leave anytime

Let me get the facts right...

1. First of all you tendered your resignation.
2. You boss don't allow u to resign?
3. She say she wont pay your salary, if you resign?? (the portion highlighted in bold, u need to clarify)

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Speak generally, anyone can resign from a job provided you complete your assignments for handover and meet the requisite notice period. On exceptional basis, say your job is very specialized and may take sometime to find another replacement; the company may hold on to your a bit longer (perhaps within a reasonable period)

The above should answer items 1 & 2

I suggest you read your contract for employement, line by line and word for word and understand its meaning first before approaching your boss again.

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For obvious reasons, when and if you resigned from your job and the boss refuses to accept your resignation. You should ask your boss why has he/she refused to accept your resignation and worse of all withhold your salary payment?

-------

You work so that you can live. There is no reason to be afraid.



Congrats, guess your probelsm solved.

iam pregnant now and will be taking 2 months maternity from Feb 2010.
i need to give notice of 3 months if i resign.

can i give resignation from middle of Jan 2010, and my maternity will take effective in Feb till Mar, then i start to work again till middle of March 2010 and i can leave the company ?

can it be done ????

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Added on October 7, 2009, 3:46 pmiam pregnant now and will be taking 2 months maternity from Feb 2010.
i need to give notice of 3 months if i resign.

can i give resignation from middle of Jan 2010, and my maternity will take effective in Feb till Mar, then i start to work again till middle of March 2010 and i can leave the company ?

can it be done ????


This post has been edited by YannYann: Oct 7 2009, 03:46 PM

Not advisable. Are you desperate or something?

Regards, Joey

may i know y not advisable ?

as my boss is suck, she have never backup us. i have been working 7 days a week from morning till 10pm everyday. My eyes also cannot open.
for a pregnant woman and have a child of 1 year old to take k, tis is really demanding. My bb been sick, but i have never hold her, i just feel too bad ! Ive heard my father in law telling outsider that i never tak k of the bb, my heart break into gazzilion pieces.

yeah..no doubt, i was requested to take replacement leave, but this kind of replacement leave for wat ??? and our leave are freeeze this year due to the project.


This post has been edited by YannYann: Oct 7 2009, 04:53 PM

Your scheme is very convoluted. A sane person would question on such move taken by you. It's delicate and you may want to speak directly with the person in charge. Once everything is clear on both you and your employer's side, you should go accordingly without any doubts. I suggest you work things out before you ended up being felt crossed at the end of the day.

Regards, Joey

p.s: It's good to protect your own interest in a crystal clear manner to avoid any arguments/complexities in the future.

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Added on October 7, 2009, 4:59 pm

Do you want to take it into legal perspective? Employee's welfare is being brushed aside. This is wrong, absolutely wrong! I feel sorry for you.

Is it possible to work things out for getting a day off? (annual leave)

Regards, Joey

p.s: Have faith and stay strong.

This post has been edited by Joey Christensen: Oct 7 2009, 04:59 PM

this is becoz i pissed off and wanted to resign in that way. without servicing 3 months notice (practically only work for 1 month or lesser) and still got the maternity leave covered ?



This post has been edited by YannYann: Oct 7 2009, 06:12 PM

My advice would be the same as in my previous postings. Don't let your emotion outburst clouding your intended ways of resignation. Better to clear the clouds with your company policy.

Regards, Joey

A quick question, is there any part of labor law concerning the settlement of remaining AL when resigning? Or is this completely up to the company to decide based on their policy?

e.g. Company policy = pay 5 days AL, any more is forfeit. But they won't let you clear the other remaining days during the leave notice either.

My opinion,
thats a bit strange, annual leave are days u earned as if you have worked for those particular days. So what i think at least, you can use your Annual Leave either convert it into pay or use it to offset the remaining termination period.

You may want to:
1. refer to your contract see whether it says anything abt using of your annual leave.
2. if the company say you can only be paid 5 days AL the rest is forfeited, ask them to give you a copy of the relevant company policy.

To my knowledge at least:
1. Certain companies may give certain benefits in excess of what is provided in the EMployment act, example annual leave some ppl might get 8 days AL but others may get 30 AL...
2. the EA only sets a benchmark, the company may set it higher but in any case not lower than what the EA has stated. Example 0 AL.

Reference of interest:
section 60E (Annual Leave) Employment Act 1955



This post has been edited by aurora97: Oct 12 2009, 02:48 PM

Hmm they do have it stated in employee handbook I think that payoff is 5 days max.

I thought the Employment Act doesn't apply to anyone earning > 1500/mth, so that means they don't have to follow that?

Yup, you are right on that (new discovery for me as well):

Reference:
EMPLOYMENT ACT 1955 (REVISED 1981) ACT 265 FIRST SCHEDULE

states clearly anyone who earns less than Rm 1.5K is protected by the EA.

Exception:
If in your contract it specifically states that your contract is governed by the EA, than there is a possibility you can read the EA into your contract. If otherwise than consider it as freedom of contracting i guess i.e. what u signed away is what u have already agreed upon.

So to answer your question:
1. Read your employment contract
2. Read your employee handbook

This post has been edited by aurora97: Oct 12 2009, 02:49 PM

Damn. The company handbook for employees on resignation matters does state clearly 5 days max. Meh, oh well.

My fiancee has send her resignation letter. She need to serve 1 month notice. On the same time, she request to deduct her notice using her annual leave balance and on the same time want to use her additional benefits (married leave).

My question is, whether she can still use her married leave to deduct her resignation notice eventhough she already submitted her resignation??

I worked in current company for 1 month already but I found I had no interest in the job. Just want to know if I tender my resignation letter and as in my contract I have give 4 weeks notices or salary in lieu. But if I have to leave the company two weeks in advance before the due date of the 4 weeks notice, I have to pay back the company remaining days left?
Need some advice here. Thanks

General Rule
Annual leave doesnt = Married Leave

Did some enquiries, apparently married leaves are specifically only for that particular event and applied as and when there is a marriage about to take place.

Exceptions?
Management waiver.



yes u have to pay the company the remaining number of days required according to your notice period (i.e. 4 weeks.)

Hello to all HR proficient people on this thread,

My father is sick and I really need help with employee problem. Everything seems to be falliing apart, i'm trying to keep the business in one pc...

Our offer letter states:
-3 months probation
-at company's discretion, probation can be prolonged for another 3 mths.
-but does not state that after three months, permanent staff position is automatic.
-permanent position resignation notice is 1 month.

This employee (RM1200+ salary) was told he is confirmed before the end of the 3 months probation. He received an increment on his 4th month salary. But father fell ill so there wasnt any follow up in paper. I read past HR record, our company practice has always been a one-way letter to inform staff confirmation.

He resigned, wanting 24 hr termination based on probationary entitlement. I know there is no point to make him stay if he is so adamant. What I wish to know is:

-does he owe the company 1 month's notice worth of pay?
-do i need to pay him the 10 days he worked for in the 5th month?
-can i rreport him to any authority about his misconduct?

The whole reason why is because I can't afford to lose any more employees as there are only 3 of them to help me hold the fort. I hope that I can put an end to their bullying me. I have quickly sent another 2 confirmation letters after this discovery. I also have to find time to go to and fro the hospital. Please help.

Hello guys..... here's my case. I know it may seem small. But getting a good opinion is better than having none at all rite?

I just joined my company for arnd 1 month. Actually all seems fine. But i dont feel like this is the line of work i wana stick with. Just dont fit me. Yes of course we can talk about learning new things is good, etc etc, but my main concern isnt just abt money. Its about doing what im most happy with. This company is small. I got a very simple offer letter just with a date of commencement of work and starting salary. No other attachments, agreements etc. I have not signed a single contract officially.
As usual, probation period is 3 months.

So i guess if i were to resigned by end of my last probation month, shudnt be a problem right?

This company is small. I got a very simple offer letter just with a date of commencement of work and starting salary. No other attachments, agreements etc. I have not signed a single contract officially.

thats quite suprising, nevertheless u should read the fine print.

i.e. Your employment is subject to the applicable law i.e. Employment Act (even though your salary exceeds RM 1500-00)

OR

By default since there are no other terms the applicable law will be choosen as default. (again Employment Act, even though your salary exceeds RM 1500-00)

the above i am not certain off... but technically if there is no mention of term like:
1. duration of your probation
2. termination
3. resignation...and so on.

TECHNICALLY - cross refer above items
1. Your probation period is infinite (continue to run until you are confirmed) until you are confirmed.
2. You can be terminated at any point in time.
3. 24 hours notice of resignation would suffice.

So i guess if i were to resigned by end of my last probation month, shudnt be a problem right?

Btw u didnt mentioned in your offer letter whether it has a probation period or otherwise, I AM literally thinking that your letter of offer includes ur commencement date and salary only.

My 2 cents you can resign any time you want, so long as you serve your notice on the company,.