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 HR don't want release me early, can't shorten notice period with leave

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TScolorwolf
post Aug 23 2016, 03:56 PM, updated 8y ago

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Here my story, my notice period is 2 months & my boss is the HR manager.

27 Jul: Received new job offer & my new employer willing to buy over 1 month period. So, I only need to serve 1 month.
28 Aug: New employer wanted to send me to Singapore for training. Ask can I report to Singapore on 30 Aug.
28 Jul: Want tender my resignation but my boss was away for holidays.
2 Aug: Tender my resignation & my boss say if I hand over everything properly, I can leave before 30 Aug.
4 Aug: Admitted to hospital due to injuries & discharge on 12 Aug.
15 Aug: Back to office to document my work before leaving even I should be on MC.
23 Aug: Talk to my boss & She say I must work till 30 Aug.

Some frustrating conversation between me & my boss:
She told me is Company Policy not Personal that I have to serve till 30 Aug, no negotiation.
I ask can I go for early release if I clear my leave, She say not gonna approve it.
She say I shouldn't confirm my join date without the release date from my current company. Isn't I can clear my balance leave?
She say is my problem & I have to deal with my new employer my self.

I try make things easy for 3 sides, but She want make things difficult for me & my new employer while She can have her easy way. I'm open for suggestion now. Thank!

This post has been edited by colorwolf: Aug 23 2016, 04:32 PM
keny2020j
post Aug 23 2016, 03:58 PM

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did they pay u extra for the uncleared leave?
kaimanpro
post Aug 23 2016, 04:00 PM

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keyword: she
mpyw
post Aug 23 2016, 04:01 PM

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Just tell new co start on 1st Sep lor....easier to kira gaji too
lingleeyen
post Aug 23 2016, 04:03 PM

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Go labour law? You can use your unused leave to off set what notice you need to serve. If you stay extra days, it is good will. If you do not, as long as everything is tallied off, there will be no way they do not let you use your leave to off set the notice period.
even_steven
post Aug 23 2016, 04:10 PM

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QUOTE(keny2020j @ Aug 23 2016, 03:58 PM)
did they pay u extra for the uncleared leave?
*
Can we actually claim the unused AL if the company didn't allow us to utilize it?
cc980024
post Aug 23 2016, 04:19 PM

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If you have leave to offset and you really cannot stay further. Collect all the black and white on your leave balance record, the duration that you suppose to serve notice and the record of payment that offset 1 month (the new company pay). Then just write to them a letter that whatever balance, to deduct from your leave and you just leave them.. let them deal with it.

Maybe I have not change job that frequent, did the new company require release letter from the old company before they willing to take you in? I don't think so. And if the excompany sue you, you proceed with your proof. As long as you fulfill the contract requirement and you didn't owe them any working day.. they can hardly kacau u. But if they hold your last salary, you may proceed to the Labour department and charge them.
TScolorwolf
post Aug 23 2016, 04:26 PM

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Hi cc980024, thank for the advice. May be my previous release was smooth that I didn't request a release letter... Till my current company that I got stuck... Hiaz...
keny2020j
post Aug 23 2016, 05:07 PM

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QUOTE(even_steven @ Aug 23 2016, 04:10 PM)
Can we actually claim the unused AL if the company didn't allow us to utilize it?
*
Yes
k town shit
post Aug 23 2016, 05:09 PM

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she's on menstrual, try to talk to her again next week
TScolorwolf
post Aug 23 2016, 05:24 PM

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QUOTE(k town shit @ Aug 23 2016, 05:09 PM)
she's on menstrual, try to talk to her again next week
*
30 Aug I need be at SG for training. Must settle everything within this week.
Why^Me
post Aug 23 2016, 05:30 PM

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so, u just ponteng on 30 august above.. just pay them back 2 days. after that u charge them back for holding your AL.
k town shit
post Aug 23 2016, 05:42 PM

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QUOTE(colorwolf @ Aug 23 2016, 04:24 PM)
30 Aug I need be at SG for training. Must settle everything within this week.
*
it left u no choice now, just tell the new employer: can we start from 1st Sep, due to current company doesn't allow to leave early, sorry for the miscommunication.
die die must admit now
MEngineer
post Aug 23 2016, 06:52 PM

...Look at my stars...
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Or you can choose to pay the company back for the days you want to leave early
fuzzy
post Aug 23 2016, 07:33 PM

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QUOTE(colorwolf @ Aug 23 2016, 03:56 PM)
Here my story, my notice period is 2 months & my boss is the HR manager.

27 Jul: Received new job offer & my new employer willing to buy over 1 month period. So, I only need to serve 1 month.
28 Aug: New employer wanted to send me to Singapore for training. Ask can I report to Singapore on 30 Aug.
28 Jul: Want tender my resignation but my boss was away for holidays.
2 Aug: Tender my resignation & my boss say if I hand over everything properly, I can leave before 30 Aug.
4 Aug: Admitted to hospital due to injuries & discharge on 12 Aug.
15 Aug: Back to office to document my work before leaving even I should be on MC.
23 Aug: Talk to my boss & She say I must work till 30 Aug.

Some frustrating conversation between me & my boss:
She told me is Company Policy not Personal that I have to serve till 30 Aug, no negotiation.
I ask can I go for early release if I clear my leave, She say not gonna approve it.
She say I shouldn't confirm my join date without the release date from my current company. Isn't I can clear my balance leave?
She say is my problem & I have to deal with my new employer my self.

I try make things easy for 3 sides, but She  want make things difficult for me & my new employer while She can have her easy way. I'm open for suggestion now. Thank!
*
Just to set things straight, clearing you balance leave does not entitle you to join a new company. You are still under the employment of the current company.

Policies can be changed and exceptions can be made.
even_steven
post Aug 23 2016, 09:05 PM

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QUOTE(keny2020j @ Aug 23 2016, 05:07 PM)
Yes
*
Damn. I got screwed out of 14 days of AL from my last workplace. doh.gif
WallChecker
post Aug 23 2016, 10:03 PM

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QUOTE(fuzzy @ Aug 23 2016, 07:33 PM)
Just to set things straight, clearing you balance leave does not entitle you to join a new company. You are still under the employment of the current company.

Policies can be changed and exceptions can be made.
*
This +1, otherwise dual employment gonna backfire u.

My comment:
1) Refer to your contract and employment handbook, under termination clause. Some company will reimburse remaining AL, so u cannot leave early by offsetting AL. Some company forces u to take AL to offset your last day.
2) Do not MIA to join future employer, current company can record as job abscondment - Pretty sure your future employer will perform post-reference checks and could lead to termination.
3) Re-negotiate with future employer.
4) Collect all written proof of communication, pay up short notice before leaving and get acceptance of resignation (If your boss reject, go one level up and up). Not really recommending this, no point doing it hard way and world is small only.
5) It is not HR, but your manager. And I presume u are from HR, which u should know well.
Mackiddo
post Aug 23 2016, 11:01 PM

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TS,
follow this 2 clueless advice if you want to get sue;
QUOTE(lingleeyen @ Aug 23 2016, 04:03 PM)
Go labour law? You can use your unused leave to off set what notice you need to serve. If you stay extra days, it is good will. If you do not, as long as everything is tallied off, there will be no way they do not let you use your leave to off set the notice period.
*
QUOTE(cc980024 @ Aug 23 2016, 04:19 PM)
If you have leave to offset and you really cannot stay further. Collect all the black and white on your leave balance record, the duration that you suppose to serve notice and the record of payment that offset 1 month (the new company pay). Then just write to them a letter that whatever balance, to deduct from your leave and you just leave them.. let them deal with it.

Maybe I have not change job that frequent, did the new company require release letter from the old company before they willing to take you in? I don't think so. And if the excompany sue you, you proceed with your proof. As long as you fulfill the contract requirement and you didn't owe them any working day.. they can hardly kacau u. But if they hold your last salary, you may proceed to the Labour department and charge them.
*
Listen to this, if you want to stay on the legal side.
QUOTE(rangerdanger @ Aug 23 2016, 04:29 PM)
1. Approving/Declingning AL is up to your employer's discretion. However, should there be any uncleared leaves, your employer must pay you back - but u would need to make sure that those leaves are earned leaves.

*
This post has been edited by Mackiddo: Aug 23 2016, 11:03 PM
TScolorwolf
post Aug 23 2016, 11:03 PM

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Nope... I'm from IT dept, but report to HR manager...
SUSlibidocllab
post Aug 24 2016, 03:42 AM

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You should speak to the labour department to clarify your situation. Just because HR has a policy in place doesn't mean it is legal. At looking at the labour law, it appears they have to pay out your unused leave. Google Malaysia Labourb Law 60E 3A.

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