Hi All Sifu,

Would like to seek some advice on the above matter. i am working in a small IT company. I have tender my resignation

I tender my resignation on 19 January 2015. I sent in by email to my boss and also given him in written letter. He acknowledge the email on 19 January itself but due to busy he can only meet me on 29 January. I need to serve 2 months notice.
Question 1:
my resignation date is consider on 19 January or 29 January?

Until now he did not inform me my last day. i do not have any leave left.
Question 2:
Can i return everything on 19 March 2015 (I carry company lap top and also medical card) and consider i have served the 2 months notice if he still do not tell me my last day? i will email and ask him later as he seldoms come into office.

He tend to hold the salary of resigned staff. the last one he held up for 2 months before releasing.
Question 3:
If let's say i return everything without any pending issue (even handover the potential customer accounts), can he actually hold my salary? if yes for how many days? btw, my salary is not in the taxation bracket yet.

Question 4
If lets say he hold the salary of mine and i go to Labour Department, can he later say that i did not return company properties, did not handover properly & ETC as the reason of holding my salary? What should i do to avoid all these tidious thing happen?

Please dont scold me i am just seeking for advice.

This post has been edited by mgihty_arsenal: Feb 10 2015, 03:42 PM

1) 19 January, the day you serve the notice
2) Yup if two months then it would be 19 March. Make sure you get return form signed off to make it black and white that you had indeed returned all company items.
Send emails to management&supervisor to notify the progression of the handover ( this is for your own record)

3)If they hold off salary then issue complaint to labor department.

4)already answered above.

Question 1:
my resignation date is consider on 19 January or 29 January?

The date you submit the letter


Question 2:
Can i return everything on 19 March 2015 (I carry company lap top and also medical card) and consider i have served the 2 months notice?

Technically you gave 2 months notice,if employer wants you to serve the 2 months notice,they can..provided they pay you back all the utilized Annual leaves.


Question 3:
If let's say i return everything without any pending issue (even handover the potential customer accounts), can he actually hold my salary? if yes for how many days? btw, my salary is not in the taxation bracket yet.

He cant do that,you should be receiving your salary within 7 days of usual payroll cycle. you can report to Labor office.


Question 4
If lets say he hold the salary of mine and i go to Labour Department, can he later say that i did not return company properties, did not handover properly & ETC as the reason of holding my salary? What should i do to avoid all these tidious thing happen?

Write black and white lor,ask your HR to counter sign saying you already submit all in working condition.


This post has been edited by nargcore: Feb 10 2015, 03:26 PM

que 1 : 19th jan 2015

que 2 : better keep it until ur last day coz u are still working with that company

que 3 : I think is standard procedure coz ur HR dept want to check with perkeso / EPF / OT / Claim or what so ever la regarding ur resignation (my company that im working currently is like that one,after 2month,they will pay ur salary with cheque)

que 4 : better ask ur HR dept how coz I also dunno..hahaha

hope this answer can help u..thanks and good luck

thank you for all your reply. i am preparing for this. hopefully company will not give me any problem.

but problem with this company is the boss is making all the decision. there is only 15 staff in this company.

admin staff always tell me tak tau. that is why i am taking my own initiative to check what i should do next.

i can foresee that she will not prepare the clearance form for me.

Can i prepare a simple checklist or a paper that i have return the items to the company and get admin to sign?

better,especially in this cases.

thank you for your reply. i would need to do anything to protect myself just in case anything happen, i would have a back up letter saying that i have handed the things in good working condition.

as of now, we always get our salary latest on 5th of the month. lets say 5th of feb, we will get our January salary in cheque form.

Can i assume that like what you guys said 7 days of payroll cycle, "by right" i will get it on 12th April for my March Salary. just for my reference

1 & 2...correct.

3 & 4. The company is legally enforced to hold the final month salary until you obtained the Income Tax clearance at LHDN (irrespctive of whether you are in the income tax bracket or otherwise). As an employee you are supposed to do the the Income Tax clearance yourself after obtaining the termination letter and forward the tax clearance to the company. If you wish the company to do that for you then you will have to wait. The income tax clearance will indicate how much you owe LHDN and the company will have to remit that sum to them, and then only can the company pay you any balance of the salary within 14 days.

Thus the holding of the salary has nothing to do with you having returned all company equipment/properties. If you want things to move fast then you get hold of the termination letter from the HR and proceed to LHDN. The clearance letter can be obtained within a few hours if you have no tax due.

This post has been edited by katakrabun: Feb 10 2015, 04:33 PM

thanks for your reply. dont really understand the income tax clearance meaning. but if let says im not in the bracket, why do my company need to remit the sum to them?

If you are not in the tax bracket then nothing will be remitted to LHDN...you will get back all your salary. However, the company can only release your salary after LHDN has issued the tax clearance statement. When an employee resigns, a company cannot simply release the salary due to the employee before sighting the tax clearance. If supposing a company releases all payments to the employee and later, based on the tax clearance statement, LHDN says the employee owes them a certain amount then the company will have to (a) pay to LHDN that amount from their own pocket (b) make a legal claim from the ex-employee later. If the ex-employee is untraceable then the company will be at the losing end because, by law, the company is supposed to withhold the employee's last drawn salary.

This post has been edited by katakrabun: Feb 10 2015, 05:07 PM

ok now i understand. so can i print out my e filing payment receipt to show them?or it has to be the tax clearance statement?

It has to be the tax clearance form..you can get a copy and complete the form when you visit LHDN. Before you can complete the form you will need the termination letter and also the EA statement from the employer.

This post has been edited by katakrabun: Feb 10 2015, 05:10 PM

ok thank you for your advice. so if is with that, there is no reason for them to hold my salary. so if they hold it means i can go to labour department. rite?

Btw, Arsenal lost the last game. ))

LHDN will issue two copies of the Tax clearance Statement after you have submitted a copy of the resignation letter and the EA form (that states the total amount you earned in salary and allowances for current year...and hopefully you have submitted your tax declaration for previous years if you have any income). One copy is for you and the other copy is for your employer. Once they have received their copy they will have to pay you whatever is due within 14 working days.

hahaha. no longer watch football now. off topic sikit.

Hehe. Ok all the best in your new job / future commitments.

Out of curiosity why 19 March is your last day since your letter dated 19 Jan? Shouldn't it be 18 March?

He has not got his termination letter yet. For argument and simplicity sake, we just agree to the date he mentioned. For all we know the last day may end up earlier because he has annual leave residue which we did not discuss on.

Yup. I will take it as 18 or 19 march.I will serve two months notice if I am not given the last day. I fulfill my duly duty.so company have no reason to say anything that is against me.

And if I were to go to labour department, I will be in favor as I did not do anything wrong.

any other advice from other member?