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 Resignation issue, Manager dont accept payment notice

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aurora97
post Jan 6 2010, 09:46 AM

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To Ts:

Your contract governs your relationship with your company, so there is no way on this earth any other person can start implying terms that were not there in the first place.

If you have served your notice period or paid the penalty (2 months notice) to the company in accordance with your contract, than whatever this "other" people say are completely irrelavant. Of course, you will need to keep all supporting documents in case someone decides to play it dirty.

To my knowledge (albeit limited), there are no employment that does not permit an employee from resignning from his/her job. Unless of course, an employee signs his/her contract blindly without reading, this may be an exception.

Hence,

If you give in to the threats by the Company your with, the next time around when u intend to resign, they will pull out all the same stops or probably even something more creative because they know your a timid person.

If you give in, your "Prospective" employer will blacklist you because you fail to take up their offer!

Added on January 6, 2010, 9:47 am
» Click to show Spoiler - click again to hide... «


By the way, did you apply for the position or did you get head hunted by your new company?

This post has been edited by aurora97: Jan 6 2010, 09:47 AM
DarReNz
post Jan 6 2010, 09:48 AM

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when other companies interview u can tell them of your predicament and say u did your best and it's that company that refused to do so
sweet_pez
post Jan 6 2010, 11:35 AM

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It seems like the replies given are pretty obvious. Your manager and HR cannot restrain or keep you from leaving if you're ready to pay for the 2 months' salary.

Seriously, I can't believe there are companies who'd go to that extent to lie. If you wish to report them, make sure you keep evidences (emails, sms etc).

This post has been edited by sweet_pez: Jan 6 2010, 11:35 AM
ikanez
post Jan 6 2010, 12:36 PM

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yep.

have them send you a black and white stating specifically in which part of your contract does it is say that you cannot leave. give them a deadline to do so

if they reply, take that email over to the authorities.

if not, that simply means that they know they're wrong to begin with.
??????
post Jan 6 2010, 01:28 PM

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You can always pay with the 2 months salary.

Imagine you are not finding new job, but having some urgent family/personal issue.
Pay 2 months is your only choice
TSfirvictory7
post Jan 6 2010, 05:04 PM

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QUOTE(seantang @ Jan 6 2010, 08:54 AM)
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.
*
I hope what u r saying is true....

Hopefully, anyone from HR here can verify this....is it true that the company will not blacklist me in the whole industry?

I'm afraid because the company is a giant....and i'm just an ant, i cant really foresee what kind of actions the company can take....
workingal
post Jan 6 2010, 08:03 PM

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QUOTE(firvictory7 @ Jan 6 2010, 01:05 AM)
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.
*
ok, the word semicond here interest me...coz i am in semicond too. mind sharing which company? coz i may be joining another semicond. so wanna make sure the new one dat i am going to join is not the one you are referring. pm me if not appropriate to post it here.

but anyway, forget wat the HR person tells u. basically the person who actually says dat shows the unprofessionalism. there is no way a company can hv such a big influence to the industry as in not to hire a specific person just because the person wanted to leave by paying 2 months notice!
blahbleh
post Jan 6 2010, 08:08 PM

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Why don't you propose a win-win situation to your manager, like you will leave the job in one month notice and pay the remaining month, so that you won't abandon your job just like that, and being labelled as unprofessional.

It is good to stay for one month for hand-over process to your colleagues. However, you need to negotiate with your future employer as well and describe your situation to them. Most employers will accept a one-month notice period.
seantang
post Jan 6 2010, 09:11 PM

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QUOTE(firvictory7 @ Jan 6 2010, 05:04 PM)
hope what u r saying is true....

Hopefully, anyone from HR here can verify this....is it true that the company will not blacklist me in the whole industry?

I'm afraid because the company is a giant....and i'm just an ant, i cant really foresee what kind of actions the company can take....

Then don't leave lah. Just stay the 2 mths if you're so afraid. Don't do anything you're not comfortable with.

I think you should just sit down & think. How can a blacklist possbly be maintained for the entire industry? Which company keeps the blacklist for the entire industry's behalf? Which company is responsible for making updates to that list? Which company is responsible for checking that list before somebody in the industry hires? Which company would be so kind to do all that work for its competitors?

Besides, are you really an important enough person for the entire semicon industry to want to keep track of?

This post has been edited by seantang: Jan 6 2010, 09:45 PM
4evernelson
post Jan 6 2010, 11:17 PM

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hey dude~ ur manager is considered force you to work for another 2months.

I support you goto Labour Office~ Report this case~

Willing to pay 2 months salary= fit the requirement / contract~

Just go~ 99.9% of the employee will not work with their previous company unless the field is very small & competative!~
ketnave
post Jan 6 2010, 11:29 PM

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well just my 2 cents.

it's rather un-ethical to just leave your job suddenly (even though it's stated in ur handbook that you only required to give 24 hr notice or etc.)

try to negotiate with your current co. so that you can leave maybe in 1 mth time, so that the so-called biz impact is not severe

at the same time, try to talk with the new co. as well lor.

you are aware of the 2 mth notice beforehand rite, did you let the new co. knew about it?

just a word of advice, don't burn bridges ... the world is really small and it's getting smaller every day ...
kotmj
post Jan 7 2010, 05:10 PM

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If I'm the manager of the TS, I'll do everything to screw him up. Publicly, with HR's cooperation. Nobody quits w/o notice on me when I'm chasing a deadline.

Just to let others know that I can be totally unreasonable and evil when betrayed.

Work has a strong personal element to it. It's not just about contracts.
kok ping
post Jan 7 2010, 05:16 PM

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QUOTE(ws_lim83 @ Jan 5 2010, 09:32 PM)
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" ????
*
I believe what Lim said is correct, 2 months of pay is already a form of compensation say if you choose to cease work immediately. So in other words, it is also a part of your right.

In the meantime, your offer letter also didn't state the boss has the right to restrain you from resigning with immediate effect, of course it's his right to say anything but it's a non legally binding right. So no big deal, just push through your resignation.

good luck!!!
pcbman
post Jan 7 2010, 05:26 PM

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Ya, if u feel like wana leave, just leave.
According to labor law, all employees can pay in lieu of notice.
Just make sure u don look back.
hanjo55
post Jan 7 2010, 05:27 PM

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I have the impression that the company is only copying the term "X month(s) pay in lieu of.." without knowing what it is.

But I would suggest you tender your resignation officially NOW. At least, no matter whatever ding-dong-ing going on, the clock is ticking.
4evernelson
post Jan 7 2010, 06:44 PM

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hmm~ X month lieu of notice...it's terrible~
aKatoRA
post Jan 8 2010, 10:00 PM

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just to kongsi this thread.

I face the same situation too, my new employer wanted to buy me off unfortunately my current employer refuse the buy-off and wanted me to serve my 3 months notice. My new employer don't mind to buy off my 3months but my current employer die2 want me to work additional 1 1/2 months.

My probation period only 3 months and Jan is my third month, and i haven't receive my confirmation letter yet and they already assume me confirmed staff so hv to serve my 3 months. I told them i did not sign the confirmation letter yet, but they told me it is auto-confirm which is totally bulls###. But... my superior did verbally say will confirm me during my appraisal la.... any ideas? I plan to tell them, i will only give my 1 month notice or see them in industrial court.
4evernelson
post Jan 8 2010, 11:19 PM

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QUOTE(aKatoRA @ Jan 8 2010, 10:00 PM)
just to kongsi this thread.

I face the same situation too, my new employer wanted to buy me off unfortunately my current employer refuse the buy-off and wanted me to serve my 3 months notice. My new employer don't mind to buy off my 3months but my current employer die2 want me to work additional 1 1/2 months.

My probation period only 3 months and Jan is my third month, and i haven't receive my confirmation letter yet and they already assume me confirmed staff so hv to serve my 3 months. I told them i did not sign the confirmation letter yet, but they told me it is auto-confirm which is totally bulls###. But... my superior did verbally say will confirm me during my appraisal la.... any ideas? I plan to tell them, i will only give my 1 month notice or see them in industrial court.
*
hey aKatoRA, how come ur situation is 70% similar as my current colleague situation~ don't tell me you're my collegue~ tongue.gif cheers:
TSfirvictory7
post Jan 8 2010, 11:29 PM

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QUOTE(aKatoRA @ Jan 8 2010, 10:00 PM)
just to kongsi this thread.

I face the same situation too, my new employer wanted to buy me off unfortunately my current employer refuse the buy-off and wanted me to serve my 3 months notice. My new employer don't mind to buy off my 3months but my current employer die2 want me to work additional 1 1/2 months.

My probation period only 3 months and Jan is my third month, and i haven't receive my confirmation letter yet and they already assume me confirmed staff so hv to serve my 3 months. I told them i did not sign the confirmation letter yet, but they told me it is auto-confirm which is totally bulls###. But... my superior did verbally say will confirm me during my appraisal la.... any ideas? I plan to tell them, i will only give my 1 month notice or see them in industrial court.
*
seems like the issue is not just happened to me...
if we see at the sight of the contract, yeah...we have the right to pay the notice...

but the problem is, we want to leave with everyone is happy, dont want to burn the bridge....the fact is, it is very hard.....
like one of the forummers said, a job is just not a contract based, there is emotional and personal attached to it.....so, be careful.....
4evernelson
post Jan 8 2010, 11:50 PM

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so who fault do u think when a employee leave a company?

any idea? clue?
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