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 Resign without giving sufficient notice ..., Really need to pay back ?

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DiRecToRofSaTaN
post Apr 7 2010, 03:59 PM

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QUOTE(babytensai @ Jan 26 2009, 04:54 AM)
Very true, according to da labour law or da employment law, its da green book u get from every book store, u r required 2 payback if u give insufficient notice period when u resign. N they have every right to sue u for compensation.

But, at times like dis, will da company sue u? If its a 50-50 chance of winning, its a big chance dat da company will not sue u. They will risk paying da court fees n in da end get peanuts out of it.

Be reminded also, dat most of da time, companies use da word law action alot, but in da real case, its just another tool to scare ppl. Unless there r an MNC with a team of lawyers at their disposal n issuing a lawyer letter is like writing a normal memo to them, then they will probably sue u. After lal, court case or not, they still need 2 feed their lawyers rite. lol
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Agreed with this unless you are earning five figures salary and the notice period is 2 months that will benefit the company a lot otherwise its just a waster of time for the company to pursue.

As for black listed if you going into different industry whats the harm? plus is there any legislature in malaysia that have a black listed emplyee names? I dont think so.


Added on April 7, 2010, 4:00 pm
QUOTE(ruffshuvit @ Jan 15 2010, 06:04 PM)
LOL.. i just send a notice thru email.. izit acceptable?
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Provided the email is the company email and official. The most they will call you up and ask to see and discuss about your resignation.


Added on April 7, 2010, 4:18 pm
QUOTE(trex @ Jan 31 2009, 08:51 AM)
dude, you make it sound as though the company you have in mind is into slavery.

When an employee leaves the company (be it either with sufficient notice or not), the contract is ended. If in the case whereby sufficient notice is not given, the contract is still ended but the employee had breached a clause in the contract hence the employer can bring the employee to court for breach of contract.

The contract between an employee and employer is not as binding as you make it sound such as haunting the employee wherever the employee goes. As long as one party to the contract just refuses at any time to follow the contract, then the contract is null and void.
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Are you sure its that simple ? well the company can make other allegations bla bla bla misconduct if they want to find faults they can right.

This post has been edited by DiRecToRofSaTaN: Apr 7 2010, 04:18 PM
DiRecToRofSaTaN
post Apr 8 2010, 09:29 AM

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provided the employer agree that you pay bit by bit but mostly they want you to pay one lum sum loorrrr
DiRecToRofSaTaN
post Apr 8 2010, 01:53 PM

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I though so too unless you are the CEO of the company and earning like 6 figures salary I dont think company will take the trouble and hassle in pursuing the matter.
DiRecToRofSaTaN
post Apr 9 2010, 09:34 AM

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it will be more sense if the company CEO do that and the company will have to face embarrassment and crucial morale towards the other staff than maybe the company decides to sue the person.
DiRecToRofSaTaN
post Apr 9 2010, 09:42 AM

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what if the job in question is more than 6K per month ?
DiRecToRofSaTaN
post Apr 9 2010, 10:26 AM

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are they asking you to pay one lum sum woww thats a bummer
DiRecToRofSaTaN
post Apr 9 2010, 11:06 AM

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Lucky you loorrr. heheheh but not paying 5k per month is even better hahahhahahaha
DiRecToRofSaTaN
post Apr 9 2010, 02:32 PM

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They are suing exec level but any cases where by the employer won ?
DiRecToRofSaTaN
post Apr 9 2010, 05:23 PM

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Good for you ranul, after waving you dont have to server the notice isnt it ?
DiRecToRofSaTaN
post Apr 12 2010, 02:00 PM

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hahahah may not be so kind huh ? Agreed since further studies normally they will ask for offer letter from the instituition.

 

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