Well speaking on my personal opinion as a forumner, I am not very sure of the matter above so take it with a grain of salt...

First of all you have to tell me the reason for the persons termination, why has the company gone to such extreme lenghts to terminate a persons employment and to keep the person's personal items without the person present on site.

Scenario...
This scenario has be modified to protect the identity of the person involved...

The story goes A employee had access to "Company Letterheads", A had used "Company Letterheads" by means of forgery& unauthorised usage of the letterheads to take out a bank guarantee. When the Company found out, A was immediately escorted outside the Company's premises and termination was immediate. A did even have a chance to switch of his/her computer, not to mention collect those personal items.

This is because potentially anything on your personal items could be used as evidence against the person for civil/criminal proceedings depending on the damage or loss incurred as a result of the person acting in breach.

This is one example why a person needed to be escorted off the premises and private property being withheld without permission.

but can they held personnal thing that not inter related to the job?No what so ever proof/evident being given.Only rumours.

hye, my friend ask me a question, but i really dont know how to answer, can you help me?

he want to resign from A company, his relation with his boss and colleague at A company was really good. Then he get an offer from B company, the pay is higher then the company A give.

Then he told his boss that he want to resign to go to a new company with new experience. but then his boss counter back the salary that the company B offered but still less 15% from the new company offered.

Company A pro:
1- almost flexible hour, no punch card whatsoever.
2- friendly boss.
3- friendly colleague.
4- can kawtim your annual leave.
5- the boss give him a share 2% for his boss' new upcoming company (the company still not running until mid feb, so dunno the outcome)
6- if no project, can do anything.


Company A cons:
1- do the same things
2- distance from home to office quite far
3- you're the asset, you're the main core of the company, so anything is upon you.

Company B pro:
1- new experience
2- can learn new skill
3- MNC company
4- shorter distance from home to office (can save travel cost)
5- salary is a bit higher from what his boss counter back

Company B cons:
1- unknown environment
2- punch card, record time in and out
3- strict company policy (cannot use ym, surfing,blablabla)

Now he's in dilemma should he resign or just stay.

CalmShot refer to the above.

---

Added on January 15, 2009, 2:28 pm

Disclaimer:
I dont know the full facts of the matter and I am randomly dispensing advice which could be inaccurate, not fact checked, illogical, random, false and so on.

Well rumour alone will no suffice enough to confiscate and sack an employee (assuming he/she is), what if the employee turns out t be innocent than they would be in a very big bowl of hot soup.

Nevertheless, the company should issue him/her a response as to why he/she is sacked and why the items have been confiscated. If no reason has been given and if action have been taken based on rumours alone... (assuming here cause i dont have the full facts)

He/She can...
1. Report to the labour dept (for inappropriate sacking, assuming so)
2. Lodge a police report (to claim back his/er personal items)
3. Do a statutory declaration to dispell the rumour. (will explain further if necessary)

This post has been edited by aurora97: Jan 15 2009, 02:28 PM

Dear All

I really need your opinions or helps here...

1. Can a company stop me or not to accept my resignation even i have given 1 month notice as per contract. When i tried to explain to the boss and inform him about my last day, the boss just ignore me and told me he has no time and will discuss this matter if the HR and my leader are in the office, which means 3 of them must be in the office. But now they are avoiding me...if he is in the office, the HR will take mc...

2. The company also refused to give the released letter even after numerous effort to ask for the letter. My boss just ask me to leave the office and ask me to do what ever i like..when i try to explain things, he said he doesn't have time and ask me to leave if i want to leave the company but they will not give the released letter..

3. Can the company hold the released letter even i have given enough notice (1 month as per contract) and offer to work for free for them if they can release the letter ...because without that letter i couldn't work with other company

4. Is the resignation valid if i email the resignation and put the hardcopy of the letter on his table (because he was outstation and not sure when will be back when i tender my resignation)...

Now i am stucked and I really need your urgent reply, because i do not know what to do now....

[/FONT]

After some consultation with my colleagues, your answers to your questions are as follows:

1. If your immediate boss or a superior doesn't accept your resignation letter, you can proceed to serve it on the HR Dept. Read back your contract, I am doubtful you need 3 superiors to be present to discuss your resignation from the company. Follow what is stated in your contract, if it only mentions you have to give 1 month notice to terminate your contract than 1 month notice would be more than sufficient.

Further to the above, I am doubtful a company can avoid or stop a person from resigning from a company should he/she choose to do so. So pass your resignation letter to HR Dept and have someone "Acknowledge receipt" [very important!!] and wait out your 1 month.

2. I just enquired with my colleague (who does IR/Employment related stuff) a release letter is not a must, if u have it, it just formalizes your termination but nothing more than that. If you don't have it, it won't jeapordize your career. So your termination letter will be very important to evidence that you had resigned from the company from your own chooosing and not because your left cause you were sacked or gone AWOL (leave without reason and joined another company).

3. Like i said in items 2. release letter isn't that important as it sounds [unless I may be wrong], so once you give your notice of 1 month and you have worked until the effective date of your termination your free to go.

4. Now I will not recommend anyone to send resignation by email or to send a hardcopy to your boss when your boss is not around:

To give ur resignation leave it on his desk when his not around=
a) Rude.
b) May create even more tension.
c) burning bridges.
d) no acknowledgement

Unless your absolute sure that handing in your resignation when your boss is not around is a good idea, I suggest that this mode be the very very very last option or avenue.

Email=
a) no one acknowledgement (might go into junk folder who knows.)

It's advisable if your not seeing eye to eye with your boss or ur boss is being an a$$ or for whatever the reason is, just give your termination letter to HR Dept. Make sure again that they acknowledged it so that your notice of termination will be effective the moment someone acknowledges and receives your letter.

----

Problems?

I foresee only one issue, the company withold your salary on the grounds your termination wasnt valid. It's only the money issue will hold you back and they can threaten you with, thats why getting your termination letter & observing the terms of your employment contract is very important.

Hi Aurora

Thank you very much for your reply...

Actually, before this i have tendered my resignation on november 28, 2008, by hand and face to face. On that day my boss asked me to consider and he gave back to me the resignation letter. My boss also told me, if i still want to proceed with resignation, he asked me to give the letter whenever i like.

My boss, seldom come to office...when i gave the letter to HR..they don't want to accept, and asked me to give the letter personally to my boss..i have been waiting for him to come for almost 2 weeks...i understand this has been very rude...but i have no choice...

In contract, it is not stated that 3 superiors must be in the office to discuss the resignation..and according to my contract, 1 month notice is required if resign.

for the whole week they have been avoiding me..if one superior come the other one will not come and the HR have been MC for the whole week, and my boss only come to office on last friday (the house is nearby our office) and

at last, last friday..he discussed this matter with me (without the other 2 superiors present).

He told me that he will not accept my resignation..and he gives me one condition if i want to leave: I have to find the person to replace me and train that person, then only i can go off. Again..this condition is not stated in my contract.

For your info, i am not malaysian..i am working using visa...so that's why i require the released letter as requested by immigration to proceed my visa.

What should i do now?

In contract, it is not stated that 3 superiors must be in the office to discuss the resignation..and according to my contract, 1 month notice is required if resign.

There you have it, your contract already stated that you need only to give 1 months notice to resign. Tender you resignation letter whether to HR Dept or your boss, if they refuse to accept forward your complaint to the Labour Dept and let them deal with your irresponsible boss and HR Dept.

For your info, i am not malaysian..i am working using visa...so that's why i require the released letter as requested by immigration to proceed my visa.

This is the tricky part, my assumption was base on the idea you were actually a Malaysian Citizen. I am concern that if you should terminate your employment, you will be required to return to your coountry of origin within X period of time unless an extension is granted?

You may want to seek assistance from the labour dept to assist you on this matter, if you still want to work in Malaysia. Otherwise, you maybe force to return to you home country.

*oh and by the way this is pure kopitiam opinion and shooting from random angles have never dealt with foreigners employment problems be4 *

This post has been edited by aurora97: Feb 3 2009, 09:51 AM

Hi, can I know whether I'm allowed to utilize my annual leave during my notice period. According to my HR, the annual leave is on a pro-rata basis, is that right refer to Labour Law? Thanks

hmmm this one is a frequently asked question, need to do a research on this.

From my knowledge anyway, certain companies may or may not allow you to utilize ur annual leave during the notice period or they may require you to serve out your notice period and your annual leave be converted to cash or like u said annual leave to be pro-rated.

by the way it may be a matter of company policy how they decide how you can utilize your annual leave.

In the meantime, what you can do is to request from your HR where is the procedure or policy for such action just to be extra extra sure.

I will need to double check on this for u.

Hi Guys,

I'm new here in this forum, but i wanna ask about my problem...

I'm currently working as permenant staff in company A less than a week. My probation is 6 month. Can i resign within that probation, let say i've got better offer and salary from company B? How am i going to tender the resignation to head department in working less than a month? Is the head will scold me for leaving? How am i gonna answer the questions from him?

FYI, for the period of 6 month probation, i will get 14 days period but i cant get entitlement leave (my annual leave 23 days per year). I felt i need to leave because i can't see me working same task everyday.

Please guys, help me.

omg i replied to this thread be4, let me figure out what i have typed willl reply accordingly... "read missing post"

To Dead4Life,
i remember u asked me something abt something with regards to my earlier posting, do u remember it?!?

Aiyaa..forgot already..hahaha...but i reply back on your feedback and said like this...

I'm working in less than a month in company A and i've got a offer by another company B (big company)...in my employee's contract stated ..(for employees on probation, the notice of termination by either the Management or the employee shall be 14 days in writing or pay in lieu thereof)...i dunno about the meaning stated "in writing"...i'm may not going to get entitlement leave with the anuual leave i've got (23)...

You did mention about how i'm gonna face to send the reisgnation letter to manager and the colleagues there....u did give me some points but i forgot..ahaha..

so what do i need to do after i send the resignation letter to boss? I'm worried about this...please help me again ehehe...

Just to clarify why i forgot what i said...
I forgot what I have typed and written caused of crash that wiped out some of my replies.

The assumption is tyhat your still under probation caused you said "less than a month", well than basically u just give 14 days written notice to the management to terminate your employment.

Unless you have earned your leave only than u will get your entitlement, that means you work for 1 month you get 1 day annual leave (depending on calculation 1 month is just an example).

Well i think i did say...
*this on the assumption that you have not received any offers from any other companies yet*

Talking is good, so talk to your boss first...
1. you did mention the job was pretty monotonous, boring etc... along that lines. You should approach your superior try and convey your concerns to him, see if he can assign you to other task that maybe of interest to you. If your superior can accomodate your request give it a shot and see what happens, you may or may not like it at least u wont leave a bad taste with your employers.

Enuf talking, time to go...
2. if u really feel like leaving, then tender your resignation accordingly by submitting it personally to your superior. On an urgent basis should your boss becomes unavailable or is away fro extended period, you can submit it to HR manager. It may be rude, on urgent basis it is acceptable.

hi..i have some question that confuse me...
i plan to resign in this coming May and i need to give one month notice..so..lets say if i resign on 1st April..that means my last day is 31th May right?
but during this month, am i entitle to any study leave if my exam is on the 1st of june?is it depends on my company policy?

hi guys i've been reading the thread but have not found an answer to my problem

situation

i'm planning to resign asap i've got another job waiting for me on the 1st of april ... i have not signed the thing and i can actually get an extension on the commencement date ... my salary is 3k gross and net is about 2.6k my company is small and has no HR department but it is a sister company to a bigger entity base on my contract, i have to give a 1 month notice ... my plan is to actually take 2 weeks off to work on my own business .... so the thing i am worried about is

a. if i quit now and i get my salary on the 31st and then don't come in from the 1st of april onwards ... can they sue me and will the go through the hassle of suing me for 15 days of salary?

b. if they don't give me my salary on the 31st, can i sue them and will it be a hassle for me?

c. if i just give a 24 hr notice on the 31st, what are the consequences?

sorry guys if my questions are vague ... really need help thanks

some ppl mentioned about the contract of service is btw u and the company. that make sense. ur immediate boss is merely another employee and also a human which is possible an PR asset /bridge for u hence ur action toward him/her is merely of a cordial aspect/jaga relation etc. not so much on legality

the resign letter is to direc to the HR dept/mgr, and cc to ur superior. the addres of ur letter is of the company that hire u in ur offer letter head






this is quite a tricky part in the sense that the company might hold ur salary.

if both sides play fair, meaning u fulfill their requirement of resgination i.e. clearance/handover/exit forms n ur boss doesnt intend to torture u by getting HR not to release ur pay, s/he has his ways, u may get ur salary in piece lol.

provided the above condition, if u tender mid march, n work upto 31st. sure u get full march salary but deduct 15days for days u didnt serve i.e. 15mar -15apr. so in effect u get only 15days pay for march

if u did serve till 15 apr, u get full march salary AND entitle for apr 15 days extra salary. that again is subject to my earliest para. unless in the first place u managed to arrange with ur new company to start on 15 april so to speak, u wudnt hv this problem.


ive not the exp in suing or getting sue but i dont think its worthy. one can call me coward/uninformed employee but i rather not go there.




guys,

i myself have a prob. my direct sup is a nasty lady at office. as a character, i think she's slightly better abit. i cleared my work on the last day, n gotten clereance signatures from all other dept heads.

the only outstanding is my direct sup she hasnt signed it using excuse need to chek my outstanding n knot simply sign. HR said ive to personally follow up and 'claimed' that if i were to leave without black record, apparently, ive to finish the procedures which clearly isnt a problm to me. not so much on salary- merely couple of days after deducting my inlieu of notice.

not very serious case though just curious if any1 experinced this b4


This post has been edited by wayfeel: Mar 18 2009, 01:01 PM

hi everyone,

i'm stuck in a company with so unprofessional and unproper management of boss..
trying to get other job but luck still not on my side.

got interview last week, but unsuccessful. juz wondering, how to answer 'Why do you want to look for another job' question?

honestly, i really didn't know how to lie. my answer; to gain more experience and expand knowledge are not sufficient enough to convince them...

anyone can help?

many thanks in advance...

The rule of thumb is...
I think its better to be honest rather than to lie to the interviewer, if your giving other answers he/she may feel that your more like a job hoper for increment rather than honest looking to stay with the company permanently.

thought on the exception side...
if u really liek the company or its a big MNC... a bit of discretion may be required to (*ahem*) lie.

how?
1. do rehersals, practice in your mind the points that you may want to put forward.
2. have a few point that lead to different conclusions.
3. make sure each probing question made to your answer has another answer to your answer...

Example:

Scenario 1
A: Why do you look for this job?
B: because of poor management and unprofessional staff
A: so what makes you think the management in this company is better?
B: i have done reviews, read your annual reports, checked newspaper clipping, enquire with my friends who work with your company... bla bla bla..

*oh btw i wasnt entire honest with my job but i got it anyway .. lol

This post has been edited by aurora97: Apr 7 2009, 05:22 PM

many thanks aurora for your reply.

actually, i already done that. they asked me that question...
then i start talking blah, blah, blah...told them everything...about my company...

i also done some research on the new company n also my friend is staff there.
and i told everything good about them than my current cmpny

but, the same evening, i got the-unsuccessful-email from the cmpny hr...

i heard once that its not a good thing to tell the interviewer bad thing about your current cmpny...
i broke that rule bcoz i thought i juz want to be honest...

so, is it i must create a lie or stay honest? or it is just not my rezeki...?

This post has been edited by kiox: Apr 7 2009, 07:07 PM