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 Advanced Bonus Payment, Resingation after getting it

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K0MR4DE
post Jan 16 2023, 10:02 AM

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Junior Member
138 posts

Joined: Mar 2018
From: Petaling Jaya


QUOTE(KuroWanko @ Jan 12 2023, 11:20 PM)
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.
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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

 

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