My brother worked in a jewelery and accessories company, recently has come out a memo regarding Advanced Bonus Payment.

Company always paid this full advanced bonus together with salary to employees around February or March, but to keep it, you must work until year-end December.

Resigning before December, company will deduct the bonus from your salary.

Question: If I get the salary and bonus, then resigned the next day within 24 hours. What action will be taken by the company? Although the company said must resign within 1 month of notice.

Basic RM1500 + Allowance RM300, retail associate, commission based.

This post has been edited by KuroWanko: Jan 12 2023, 11:22 PM

After get bonus and transfer to another bank just resign. I am sure u got employment contract or offer letter right? Terms are there cant simply email to change terms.

Hmm the money already in your bank account.. how will the company deduct it back?

Possible to tender resignation and left within 24 hours after getting salary?

Need to read your term of employment...

I'm sure they would find ways...
Corporate fellows... Always got ways one...
We as ordinary employee always losing end...

Refer to your contract of employment between you and the company. If it stated that you need to give 1 month of notice, then need to serve for that duration. Say you wanna resign within 24 hours after receiving your salary and bonus, they have the rights demand RM1,500 in compensation/indemnity because you left without serving your notice period, as per Employment Act 1955 Section 13(1). Unless you wanna claim constructive dismissal under Industrial Relation Act 1967 Section 20(1), which difficult to prove unless your employer; (which also requires a lot of evidence from your side)
- not paying your salary/statutory(EPF/Socso)
- victimizing employee for no reason
- changing your employment contract without consulting you/fair reason
- excessive demotion/discipling of employee

Based on my own experience, rarely employer would like to take any action to JTK/Labor Court unless they really want to make you suffer..

Safe method is to, sent a 2 week notice and pay RM750 (RM1500/2) as indemnity to your employer.

This post has been edited by K0MR4DE: Jan 16 2023, 11:06 AM