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 Resignation issue, Manager dont accept payment notice

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Bio76
post Jan 9 2010, 11:06 AM

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Is really depand on ur jobs industries, if ur sector very small , it might a risk as ur worry, if it is a genaral sector , don't be scare the blacklist task.

if u do the jobs very prof. , eventhough u don't want to left , the other co. also going to ask u to join there co.

It just a changer on ur jobs live, don't be afraid.

The HR is try to scare u , becouse they only do their part as they hold the position (HR). On my opinion, ur HR are not prof. as well. (did't give prof. guide & scare Boss angry).

U also can give reply or guide to who's are taking ur jobs. (e-mail / telephone). may try to stay a week to handover / settle the position stuff to ur assistant.

If u stay back in this co. , u think u can do ur jobs as normal like previous time ? ur superior may try to embarrassed u since u had submit the resignation.

Just paid as requirement & handover whichever stuff & let ur boss understand ur status, they will agree & let u go.







aKatoRA
post Jan 9 2010, 12:16 PM

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nelson,

definitely i am not ur colleague... i hope. I am from fmcg, are you?

If my compayny really wan me to pay the 3months, i will ask them to write me a letter and i will bring it to industrial court. 3 months salary is alraedy more than rm10k which i don't see in the eyes of law i need to pay.

to others: take this as a lesson for all of you who planning to resign as i foresee a lot ppl will resign this few months. If they threat you with this kind of HR talk, threat them back with industrial court. Always remember, malaysia's Employee Act always side employee not the employer
seantang
post Jan 9 2010, 12:18 PM

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QUOTE(aKatoRA @ Jan 9 2010, 12:16 PM)
nelson,

definitely i am not ur colleague... i hope. I am from fmcg, are you?

If my compayny really wan me to pay the 3months, i will ask them to write me a letter and i will bring it to industrial court. 3 months salary is alraedy more than rm10k which i don't see in the eyes of law i need to pay.

to others: take this as a lesson for all of you who planning to resign as i foresee a lot ppl will resign this few months. If they threat you with this kind of HR talk, threat them back with industrial court. Always remember, malaysia's Employee Act always side employee not the employer

3 months salary > 10K means you're not covered by the Employment Act.

And since you have an individual employment contract and not a collective labour agreement with your employer, you're not covered by the Industrial Relations Act ie. the Industrial Court is not open to you.

This post has been edited by seantang: Jan 9 2010, 12:20 PM
4evernelson
post Jan 9 2010, 12:39 PM

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then I'm not your colleague le tongue.gif

wah..3 months salary > RM10K kinda attractive salary ya~

no covered by employment act = monthly salary < RM1500?

how abt find IR.
Joey Christensen
post Jan 9 2010, 12:59 PM

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QUOTE(aKatoRA @ Jan 9 2010, 12:16 PM)
nelson,

definitely i am not ur colleague... i hope. I am from fmcg, are you?

If my compayny really wan me to pay the 3months, i will ask them to write me a letter and i will bring it to industrial court. 3 months salary is alraedy more than rm10k which i don't see in the eyes of law i need to pay.

to others: take this as a lesson for all of you who planning to resign as i foresee a lot ppl will resign this few months. If they threat you with this kind of HR talk, threat them back with industrial court. Always remember, malaysia's Employee Act always side employee not the employer
*
You are wrong there. It doesn't make sense at all if the Employment Act 1955 which is used to governs the laws for the labour force in Malaysia is one sided, does it?

Regards, Joey

p.s: Same goes to the Industrial Relations Act, 1967 (IRA).

aKatoRA
post Jan 9 2010, 05:59 PM

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Wait...... means i not covered by industrial relations? Then what can i do? Kinda lost now.

Joey, it's true that the EA is not 1 sided but in reality ( correct me if i am wrong as i got the info from HR ppl) it side the employee more than the employer
4evernelson
post Jan 9 2010, 10:48 PM

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i'm confuse as well
darren08
post Jan 10 2010, 02:03 AM

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It's quite obvious, they just don't want to let you go. Black mailing is wrong. You should just go.
aKatoRA
post Jan 11 2010, 01:24 PM

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Will let them know today that i decided to go. If they insist on the 3months i will refer it to IR
aurora97
post Jan 11 2010, 02:48 PM

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QUOTE(seantang @ Jan 9 2010, 12:18 PM)
3 months salary > 10K means you're not covered by the Employment Act.

And since you have an individual employment contract and not a collective labour agreement with your employer, you're not covered by the Industrial Relations Act ie. the Industrial Court is not open to you.
*
Sry can i leech of you, can i have the SOS pls.

Thanks.

This post has been edited by aurora97: Jan 11 2010, 02:49 PM
aKatoRA
post Jan 11 2010, 03:20 PM

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my friend told me even director can sue the company under the IR
mentality88
post Jan 11 2010, 03:21 PM

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QUOTE(4evernelson @ Jan 9 2010, 01:39 PM)
then I'm not your colleague le tongue.gif

wah..3 months salary > RM10K kinda attractive salary ya~

no covered by employment act = monthly salary < RM1500?

how abt find IR.
*
Read this case of ex-GM from MOX that sued MOX and got RM 1.3m from his ex-employer.
http://thestar.com.my/news/story.asp?file=...1991&sec=nation

For salary below 1.5K per month, they are protected by Labour Law. For salary above 1.5K, you are covered under Employment Act. You can go to Industrial Court just like the case reported in Star. In the news, the GM's monthly salary was RM27,125 not inclusive of a RM4,500 car allowance.

Legally, you have the right to pay the 3 months in lieu and just leave. But, you have to verify the information first. It is true that there are industry practice that competitors do not take each other staffs. Competitors also share information. One example is Petroleum industry. I am not sure about your industry. Better check first.

The other thing you have to be cautious:

a) Are you playing a critical roles that will cost problem if you don't stay for 3 months? In some cases that I know, critical persons left abruptly and caused the entire project to delay and the company suffered financial penalty from the customer. If this is the case, you have to be more careful for long term problems.

b) The best deal is to have win-win situation. Pay 50% and stay back for a while until the company find a replacement.
zeist
post Jan 11 2010, 03:33 PM

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Only look bad the next time you wish to hop to another company. They will ask for referees or PIC. How are you going to answer?
Joey Christensen
post Jan 11 2010, 03:37 PM

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QUOTE(aKatoRA @ Jan 9 2010, 05:59 PM)
Wait...... means i not covered by industrial relations? Then what can i do? Kinda lost now.

Joey, it's true that the EA is not 1 sided but in reality ( correct me if i am wrong as i got the info from HR ppl) it side the employee more than the employer
*
Reality is ugly but truth will prevail, right? I spoke the truth. Only truth shall be spoken.

Regards, Joey
LeechFever
post Jan 11 2010, 03:37 PM

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QUOTE(wingcross @ Jan 5 2010, 09:39 PM)
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.
*
Actually another reason is pay a bit low or less job so resign . But after some time company may starts to pick up more business and u can actually get re-hired with higher pay. Seen that couple of times on some ex-staffs who came back after few years. So normally if possible, not to get blacklisted if one day decide to come back.

This post has been edited by LeechFever: Jan 11 2010, 03:38 PM
mentality88
post Jan 11 2010, 03:55 PM

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QUOTE(LeechFever @ Jan 11 2010, 04:37 PM)
Actually another reason is pay a bit low or less job so resign . But after some time company may starts to pick up more business and u can actually get re-hired with higher pay. Seen that couple of times on some ex-staffs who came back after few years. So normally if possible, not to get blacklisted if one day decide to come back.
*
That's true. Nevertheless, world is small if want to remain in the same industry. So, when apply next job, you will probably see the ex-colleagues there.

Furthermore, the older you are, the more senior positions you are targetting. A lot of big companies and MNC are using recruitment firms nowadays. As a result, reference checks (the headhunter mostly will not take the reference stated in the cv) can't be avoided.

Company has reasons to keep a person. Under this economy situation, if i can let go staff without cost, I will do so to cut down the headcount and cost. If I cannot cut, there must be reasons.

So, think twice.
sweet_pez
post Jan 11 2010, 04:03 PM

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QUOTE(aKatoRA @ Jan 9 2010, 05:59 PM)
Wait...... means i not covered by industrial relations? Then what can i do? Kinda lost now.

Joey, it's true that the EA is not 1 sided but in reality ( correct me if i am wrong as i got the info from HR ppl) it side the employee more than the employer
*
I guess you'd want to say they are in favour of employee than employer.

Then again, as others have said - it doesn't really work that way.
ThanatosSwiftfire
post Jan 11 2010, 05:17 PM

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You seem scared. Don't be. The world is so big, and they won't waste their effort on you. Just go ahead.
serigala
post Jan 11 2010, 08:26 PM

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QUOTE(Joey Christensen @ Jan 11 2010, 03:37 PM)
Reality is ugly but truth will prevail, right? I spoke the truth. Only truth shall be spoken.

Regards, Joey
*
taken if he still work for 2 months..there is still a probability(which usually happen) he will get blacklist..as long as he quit the job..he will get blacklisted..

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