Hi all,

I have a problem with resignation. My company resignation guideline requires 2 months of notice for resignation or pay 2 months salary for in lieu of notice.
I want to resign now and willing to pay the 2 months salary. I want to resign now because the new company wants me now.

But the problem is my manager doesnt want to accept the 2months salary payment in lieu of notice. She forced me to work for another 2 months as she said there will be business impact if i resign now. I asked HR regarding this and the HR said that my manager has the right to do so!

I was very surprised as there is no statement written in my offer letter and also in the company guideline that my manager has the right not to accept the 2 months salary and can force me to work for another 2 months !

I asked HR what if I just abandon the job and go to the new company. The HR strongly adviced me not to do so as this is really unprofessional. The HR said I will get backlisted in the company and would not be able to re-join in the future. The HR said that is the only consequence if I just abandon my job and she strongly adviced me not to do so because you cant forecast your future. Maybe in the future I want to or have to rejoin the company, who knows.

QUESTIONS

1) Do you think the only consequence if I just abandon my job is blacklisted in the company? OR do you think there are other bad things can happen that the HR hide from me?
2) Can I report my case to Labor Office as there is no written statement in anywhere saying that the manager/company can opt not to accept the payment in lieu of notice? Is my case valid? I feel cheated by them. They forced me to work for another 2 months or otherwise they will blacklist my name in the company.

Please help me.
Thanks.

i think you has the choice of pay 2 months salary.

if not.. y the hack the offer letter wrote "or pay 2 months salary for in lieu of notice" ????

report to tenaga buruh la....they will scared i tell u..haha

(^__^)

I never rejoined back the company i quit. a person usualy resign solely for one reason, there is other company with something better we liked.

dun think u will ever come bac to your old company.

I think its even unprofessional for the HR ppl to say she can do so. and yes you can pay back. if not, refer to the labour law.

don worry. as long as you pay the notice in lieu, you can leave the company. there is no way the company can stop you from leaving since you are willing to pay up.

of course, they can blacklist you because of this. but since you plan to leave and you actually pay up, there's nothing much you can do with how the company would want to react about this whole thing (if they wan to be unprofessional)

the company just trying to scare u..all they ever care was their profit..that's why they try to scare and confusing u..
u have the opt for pay 2 months salary and just scram from the company..do what u wanna do..

actually, the HR manager is right, damn unprofessional if u just leave like that

Unless it is clearly stated u can give 24 hours notice then u go ahead and do hell.

If not, don't lor

If u dun like the current job, find one that u like. U have MCs anyway, utilize them

I don't understand your argument.
1. It's already stated that the dude can either give 2 months notice or payup 2 months salary.
2. He already found the job the he likes.
3. Utilizing your MC to do other things, how professional is that?

I worked in HR before. To be frank, your HR is stupid. If you're trying to sue the company, you can get some pocket change by suing the HR agent who said that as well.

Found a good website on labour law:
http://www.pesaraonline.net/

Alternatively, you can complain/seek your advise through our labour department:
http://www.mohr.gov.my/index.php?option=co...mid=550&lang=en

sorry I misread. If nothing stated in the contract, leave whenever u want

Not a problem. Your manager has no choice. If you want to pay 2 months salary in lieu of notice, she has to take it.

Who cares? She can't force you.

HR is lying through their teeth.

Trust your own assessment. Simply do exactly what your contract says.

Is this the same HR which was lying above? What do they know about professionalism? Being professional is fulfilling your (contractual) obligations. And by paying the 2 months salary in lieu of notice, you're doing exactly that.

Your HR is correct here. The only consequence is that the company will probably not rehire you in the future. Now... is that such a bad thing? All the stuff about it being a small world... it doesn't matter. If you're good at what you do and you've got what it takes (ie. what other people want), they'll come looking for you regardless of how you screwed with them before.

Every other month, we have staff who disappear the day after getting their salary. They're supposed to give one month notice or pay one month's salary. People either give the required notice, or if they cannot wait that long, we calculated how many days "short" their notice is, and they "pay back" the pro-rated equivalent for that number of days.

This "pay back", is always a deduction of any salary we owe them. It has never ever happened that they actually give any money back to the company. Many of the staff don't bother. They keep quiet till the day they get their salary, and they don't turn up the next day.

It depends on what kind of job you're doing, and your position. The more senior, the less likely they are to do this. Leaving in this way always results in some loss. The salary is paid a few days after the end of the month, you lose any unpaid commission, and annual leave entitlement, etc.

I might be missing something here, but isn't a positive Letter of Recommendation worth something? Or references, for that matter?

Why would you want a recommendation or reference from a manager or company that does not respect a contract, and try to manipulate their employees to misrepresent their contractual obligations?

Folks,

A reference is ONLY as good as the person / party that make the reference.

So, if a company is FAMOUS for treating their employee lousily and produce inferior product and service, does a POSITIVE REFERENCE matters??

Conversely, some people (I say people not company) is very influential and has a GOOD REPUTATION in the industry. You REALLY do not want to be in their black list.

Some people matters and some don't. It is UP to you to figure who they are and try to be connected with them.

Dreamer

Hi guys,

Thanks for your inputs. I'm afraid if there are other bad things happen because I smell something fishy when the HR told me many times that dont abandon the job.
She said the only consequence is blacklist in the company....but I feel there is other bad thing that she hides...

The company is actually very big and famous in the semicond industry.......what I'm really afraid is if the company will tell the whole semicond industry to blacklist me too....can this really happen? OR am i just afraid of my own shadow?

I dunno who I can trust in the company anymore....I really feel got cheated right now....

I'm really afraid to get blacklist in the whole semicond industry....i dont want this to be happened as I'm still young....who can protect me???

Please help me.
Thanks.

did u check with ur HR before even looking for other job?

actually, is the company good to you? how long u work there?

This post has been edited by DDSFan8: Jan 6 2010, 01:42 AM

if you leave without giving any notice or pay for your notice period then u are wrong.

If your case, u inform them and willing to pay, i dont see any problem in business world.

Why would the whole semicond industry do what your company says? Why would your company's competitors follow your company's instructions to blacklist?

If I were your competitor, I would hire none of the people you recommend and all the people you ask me not to hire. That's if I bother to take your phone call or read your letter at all.

Industry wide blacklisting, in my opinion, is only limited to very small industries where all the players join the same local area trade association or chamber of commerce. But if you're talking semicon, it's typically huge companies operating globally and which spend all their waking hours on increasing sales and reducing cost. They can't be bothered with helping their competitors with petty & trivial issues.

Would your resignation will cause an undue stress towards a certain project that you are working on? Anyway, the HR Department has nothing to say if you are willing to pay the 2 (two) month salary in lieu of notice. Would your company suffers major setback(s) from the effect of your resignation? It is well understood that the company's HR is protecting it's business entity and to keep it afloat.

It can be tempting to liberate pent-up hostilities and frustrations you may have built from what your HR Department has said, but do remember, you have played your part by resigning in a professional manner. Now the ball is over their side. It's either they are willing to play ball or start just jocking around with you.

Professional speaking, try to work things out only if your resignation will jeopardise the flow of your project operations. If it doesn't have a significant or catastrophic effect to the said project, I'd say you have done your part and needless to worry even if they are going to chart your name in the black list.

Regards, Joey

p.s: Lastly, think things through and resign like a professional.

This post has been edited by Joey Christensen: Jan 6 2010, 09:42 AM