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> Resignation Handbook, Revamp in progress 240614

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TSaurora97
post Dec 26 2008, 05:06 PM, updated 4y ago

I Didn't get the Memo
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Contents:

Section A
1. Introduction
2. Objects and Purpose
3. Disclaimer

Section B
1. First Day At Work
2. Exiting a Company
3. Pre-resignation (tendering resignation phase)

Section C
1. Employment Act 1955 (applicability)
2. Resigning Without (or sufficient) Notice
3. Salary or EPF or PCB (Potongan Cukai Bulanan) not paid.

Section D (added 24/6/14)
1. Industrial Relation Act 1967 (in progress/researching)

Section F (added 24/6/14)
Appendix A
Sample of Resignation Letter

Appendix B
More Resignation Letters Sample

Appendix C
Termination/Release Letters

Appendix D
Useful Links

Appendix E
References


---

Section A
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Section B
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Section C
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Section D
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Section F
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This post has been edited by aurora97: Jun 24 2014, 02:26 PM
DarReNz
post Dec 26 2008, 05:28 PM

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actually many people do not realize that their one month notice takes effect on the date of the resignation letter being tendered but I agree most people would think that they can just offset their notices by using their Annual Leave. It also becomes more complicated if you are working on shift while the HR counts your leaves as per normal working days etc...
yiivei
post Dec 26 2008, 06:20 PM

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This is a very good thread.. Thanks!!
crapp0
post Dec 26 2008, 06:35 PM

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U forgot to put in the part where your supposed to lie about the reason why your leaving the company if the HR person or boss asks you.
ikanez
post Dec 26 2008, 10:16 PM

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IMO this thread is good. It should even be pinned for that matter due simply to its usefulness in the days to come.
Nuke
post Dec 26 2008, 11:22 PM

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I have some concern regarding this, can I withdraw my resignation?

Let say after I have tendered my resignation, i found something not right with the offer or the new company withdraw the offer.. Is't possible for me to cancel or withdraw and to continue working in current company?
TSaurora97
post Dec 26 2008, 11:30 PM

I Didn't get the Memo
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I am going to look through and to get a "collection of resignation scenarios" from Forumners who have posted their issues, will continue to refine and filter the pages for some good advice not only my own but the advice of many other forumners who contributed.

Making resignation a blessing rather than a pain in the A$$...

---->

Scenario 1
Want to Resign, but have some issue.., Annual Leave issue
http://forum.lowyat.net/topic/885901

QUOTE
QUOTE(Riki1 @ Dec 24 2008, 11:12 PM)
Hi All, currently I want to resign and i have left about 10+ Annual leave.
Here is the problem which is I'll nit to give 1 month notice to my current company for resignation, if not they will nit to penalty me for 1 month salary, it is stated in the contract.

So, i request to place my 10+ Annual leave to offset the 1 month notice period but HR said the company policy is Annual Leave cannot be used to offset the resignation notice, but this kind of policy did not indicated in my contract.

Now even i wan to apply leave, but supervisor rejected my request and she said that during resignation period i cant apply leave. 

So i nit to get some advise and comment from u guys, since this company policy did not indicated in my contract, so can i juz leave after 3 weeks? will they send any lawyer letter to me n penalty me for 1 month salary?

( I had give the resignation letter on 18 Dec and I am going to leave on 3 Jan 09, I already stated this request in my resignation letter )

Thanks


By Aurora97
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----->

Scenario 2 "Sacking" like what Donald trump does "Your FIRED"

By aurora97
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----->

Scenario 4 (oops!)Resign without giving sufficient notice ..., Really need to pay back ?
http://forum.lowyat.net/topic/600998?hl

QUOTE
I ask on behalf of my friend .

His salary is Rm 1,800. He is required to give 2 MONTHS notice b4 resign. He just receive a job (KPLI/DPLI) & need to sign in after 2 weeks. (government always LAST minute  )

So, he only can give 2 weeks notice to the co. (2 months is required)
Therefore , he need to Pay BACK 1. 5 months (around RM 2,700) to the company.

He don't wan to play fair bcause he just get confirmed one month ago.. (I know, should pay back, but if not pay back, whats the consequence?) DO u think the company will sue him ? So, even SUE, need to wait for HAlf Year, One year ?? I doubt company will bring it up.... And HR staff responsible may already left the co.

**ps, 2 months notice is IN the contract & got employment letter !!


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--->

Scenario 5 "Resignation during probationary period"
http://forum.lowyat.net/topic/884753?h

Good advice:

by oplotot...

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--->

Scenario 6 "Need Advice of Resignation Letter" Part II ---lookin for part one
http://forum.lowyat.net/topic/857019

Commentary:
quite a good reading but yet to know conclusion of the matter, if you read this you might end up hanging in mid air.

Provided your performing well in your task, meeting targets and doing reasonably well (dont need exceptional) than obviously there is no grounds to sack a good staff.

3 years working in the same company in a hostile manager.

Checklist
1. was there any written appraisal done on your performance?
2. was there a warning letter given on poor performance prior?
3. Any sort of diciplinary hearing or letters?

Note that any attempt by a manager if verbally spoken to force an employee to resign from a company can be intepreted as a threat or intention to sack an emplyee. You may want to record the time and date and the actual words spoken to you.

Interesting I didnt know there was a 13th Month Salary?
by seantang
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--->

Scenario 7 " if signed already reject the offer,how?, any law can sue me? "
http://forum.lowyat.net/topic/830373

---->

Scenario 8 "Resignation"
http://forum.lowyat.net/index.php?showtopic=821489&hl=

---->

Scenario 9 "The Best Way To Resign, Don't burn bridges!!! "
http://forum.lowyat.net/index.php?showtopic=527205&hl

By Boon
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By Callmepaper <-- this guy is a serial killer.
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By CallmePaper
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---->

Scenario 10 "Want to Resign, Got 19 days leave., What if the company wont let me go early"
http://forum.lowyat.net/index.php?showtopic=417628&hl

By Doltan
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By Tinkerbel
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--->

Scenario 11 "resign letter"
http://forum.lowyat.net/index.php?showtopic=333298&hl

~Contains a link to sample resignation letters, use with care may or may not be suitable and dont use blindly.
See my snippet here =

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by Rexit

--->

Scenario 12 "What to do if company refused to let me resign?, Career "
http://forum.lowyat.net/index.php?showtopic=329228&h

--->

Scenario 13 " How to write a resign letter ?, anyone know the format? or what to write"
http://forum.lowyat.net/index.php?showtopic=277277&hl

Links:
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by Goldfries

--->

Scenario 14"[WTA]how to write a resign letter?, can anyone teach me?"
http://forum.lowyat.net/topic/260742?hl

Link:
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by TSG

---->

Scenario 15 " Retrenchment, cut salary, is your company doing so? "
SOS

---->

Scenario 16 "Sued for Leaving [Company]"
SOS

---->

Scenario 17 "> Resign without giving sufficient notice ..., Really need to pay back ? "
SOS

---->

added 4th Feb 2009

Scenario 18 "Ask To Leave By Employer, I was ask to leave by my Finance Manager"
SOS

Extract written By Sedjet Post #60

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--->

added on 220409

By Aurora97
Scenario 20 ""If you did not sign the confirmation letter, are you considered a confirm staff or probationary?"
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--->

added on 140509

By Rexit
Scenario 21 "Asked to resign after end of probation, & take new offer letter. Labor law issue"
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Extract written by Rexit:
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--->

added 130709
By Naive Lady
Scenario 22 "Medical Treatment After Resign, still entitled?"
SOS

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--->

added on 130709
By Abudin
Scenario 23 "Confirm or Resign"
SOS

Extract Written by Abudin
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--->

added on 130709
By Online_vincent
Scenario 24 "Salary not paid, long notice period"
SOS

Extract written by Online Vincent
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Extract written by Aurora97
Note: Not only did he Not get his SALARY, his EPF wasn't paid either!
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--->

Added on 130709
By Monochrome
Scenario 25 "Resignation doubts" -its much more than this
SOS

Extract Written by MonoChrome
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--->

Added on 130709
By Justin_Lee
Scenario 26 "Employer didn't remit tax to income tax department"
SOS

Extract Written byJustin_Lee
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Extract Written by tgeoklin

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--->

Added on 130709
By kerygma
Scenario 27 "How to write appeal letter to my HR depart, anyone write this kind of letter before. "
SOS

Extract Written by Kerygma
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Extract Written by Aurora97
-Assuming this is the answeR?

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--->

Added on 130709
By stanly007_2
Scenario 28 " Re-sign 's notice period., I am TRAPPED !! "
SOS

Extract Written by stanly007_2

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Extract Written by Mackkido
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--->

Added on 12012010
By abubin (Employer's perspective.)
Scenario 29 "Job handover after resignation issues, need advice"
SOS

--->

Added on 12012010
By firvictory7
Scenario 30 "Resignation issue, Manager dont accept payment notice "
SOS




This post has been edited by aurora97: Jan 18 2010, 04:03 PM
DarReNz
post Dec 27 2008, 01:29 AM

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well if u already told ur colleagues u will leave they will ask why are u still here ?
clsia1001
post Dec 27 2008, 11:11 AM

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nice info thread... smile.gif
Find The Way
post Dec 27 2008, 11:34 PM

On my way
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QUOTE(crapp0 @ Dec 26 2008, 06:35 PM)
U forgot to put in the part where your supposed to lie about the reason why your leaving the company if the HR person or boss asks you.
*
I am interest on this too tongue.gif Are we simply tell the truth or have to come out with a "nice" reason?
yiivei
post Dec 28 2008, 05:26 PM

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QUOTE(Find The Way @ Dec 27 2008, 11:34 PM)
I am interest on this too tongue.gif Are we simply tell the truth or have to come out with a "nice" reason?
*
depend on situation. juz giv a solid reason.
TSaurora97
post Dec 28 2008, 07:01 PM

I Didn't get the Memo
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Actually there is no requirement to give any reasons as to why a person is resigning from a company, in fact it is better to keep it short and just say in my contract it provides for me to terminate this relationship.

Drawing from my experience...

That is what i did. I resign from the company because i disagreed with what the company was doing, as a professional and a person with some legal background i felt unease because the management had acted in away that contravene my conscience.

My boss, my colleagues and everyone else had told me to stay for another 2 mths (making it one year of service with the company). I refused, no one knew why i resigned only a hand full of ppl knew until today nobody knows.

My boss had 3 exit meetings with my boss..
1. was during tendering of my resignation letter which was about 20mins worth of lecturing. (life lesson)
2. the second one was another 20 mins worth of lecturing. (life lesson... bs)
3. the final one was the hardest, he got the VP to join him to question/more like interogate me. I had to tahan for 45mins before he released my termination letter to me. It was the longest day of my life and a lot of WHY this and WHY that.

I felt guilty at the same time relief, I couldnt believe it I was almost driven to tears by my boss cause i was so unwilling to leave but i had made up my mind. I had spent 1 month and also talking to my parents, friends about resigning that prepared me for this eventuality.

---> Happy eending?

Though i resigned, my boss was kind enough to speak with another boss from another dept whom I had dealt with regularly. I was a bit reluctant to take up the job, but it was what I was looking for and hope to do. So here I am still with the same company and left smiling thanks to my boss.

In the end, My boss still maintained that I left because i had some issues with my immediate boss. Well she was difficult but not that difficult of a person.
danielkh
post Dec 28 2008, 10:28 PM

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QUOTE(aurora97 @ Dec 26 2008, 11:30 PM)
Seriously after you resign you serious won't want to go back to the same company, u will leave a very very bad impression among your colleagues and management. May even affect your chances of promotion, appraisal and benefits because management already know your a jumper.
Then, there are those who's actually left. And then came back after a couple months/years. In my place with 200+ employees, we have a few who's in their 2nd, or even 3rd terms with us. This includes my current boss, who quit a few years back to start his own company, but it didn't work out and he came back. He was #6 when he quit. Now he's #2. Which is as high as he's going to get, cause #1 is the main share holder.
TSaurora97
post Dec 30 2008, 11:59 AM

I Didn't get the Memo
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This is what i received from Ice, the question above is in relations to a career choice not about resignation.

For career choice, no one can make the decision for you but yourself. Unfortunately, i am unable to advice you on your scenario since I would consider it as being out of topic. Try starting a new thread instead, let other assist you on this.

This post has been edited by aurora97: Dec 30 2008, 12:00 PM
mrsbrightside
post Dec 30 2008, 03:28 PM

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my company is practisin the LIFO. my colleague got to resign coz she'e the last one to enter our company. i pity her. she's still on probationary period. if for her case, how is she gonna apply work again? if the new company asked why resign, how? she can't say due to bad economy rite?
TSaurora97
post Dec 30 2008, 07:15 PM

I Didn't get the Memo
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QUOTE(mrsbrightside @ Dec 30 2008, 03:28 PM)
my company is practisin the LIFO. my colleague got to resign coz she'e the last one to enter our company. i pity her. she's still on probationary period. if for her case, how is she gonna apply work again? if the new company asked why resign, how? she can't say due to bad economy rite?
*
thats pretty strange for a company to practice LIFO, but did the company issue some sort of release letter explaining why they had resorted to terminating her employment? It would be unfair for her to be terminated at such a short period, was it because of performance issues, diciplinary or other issues? Probationary staff position isnt the same like a temporary or a part time staff, I would imagine that it is slightly more advantageous to be a probationary staff. Well I am not sure what her contract states but was she compensated say 1 week, 2 weeks or 1 month pay in advance?

If your company terminates her employment and within few months re-hires someone else of the same position, than there must be something fishy going on.

Well its kinda vague cant say much...
~~ice~~
post Dec 30 2008, 10:23 PM

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mrsbrightside is right. I typed the word wrongly, should be last in first out. In accordance to the contract of appointment, the organisation could terminate the staff during probationary period without furnishing any reason.

Aurora97, you got the point. is about the career choice, is really not as simple as not liking one place and move on to another. That's why i am having big time headache.
wister
post Jan 4 2009, 07:11 PM

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Hi,

How if the a company fires an employee and agree to give the termination letter. However until the day the employee should leave, he still havent get the letter..? The company just dragging and dragging..
TSaurora97
post Jan 4 2009, 10:18 PM

I Didn't get the Memo
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QUOTE(wister @ Jan 4 2009, 07:11 PM)
Hi,

How if the a company fires an employee and agree to give the termination letter. However until the day the employee should leave, he still havent get the letter..? The company just dragging and dragging..
*
Well simple, the person should just write in to the company reminding them that they have yet to issue him/her the letter of release/termination.

Make sure send by AR Registered Post/By hand, give them 14 days to reply to your letter and also 3 reminders which are standard.

To insert as well...

Should the company fails to release my termination letter, I shall not be held responsible and/or liable to indemnify the company should there be any loss or damages arising out of or in connection during my term of employment for the failure or default by your officer to issue me my termination letter.

Further to the aforesaid, should the company not revert to me in relations to this matter. I shall deem the company's silence and/or waiver as though it has issued me my termination letter. Should there be any loss or damages as a result of the none issuance of my termination letter, the company shall be held liable to indemnify me as a result of your officer failing or defaulted in his duty to issue me my termination letter.

***

Meaning of this letter...

First Part...

Termination letter is important to signify an end between your relationship with the company, so it is imperative that you get your termination letter. Who knows your company maybe up to no good or something fishy, if there is nothing to hide why not issue you your termination letter in the first placE?

So basically the is to save your skin, you dont want the company to come after you 2 years after whilst your with another company do you?

And to remind them how incompetent their HR dept is.

Now the 2nd part...

Is also to cover your skin, if they want to play under the belt tactics by not issuing you your termination letter so be it. Make them liable for not issuing your letter of termination.

This post has been edited by aurora97: Jan 4 2009, 10:40 PM


Attached File(s)
Attached File  Release_of_Termination_Letter.doc ( 24.5k ) Number of downloads: 294
antzan
post Jan 11 2009, 11:42 PM

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what is the company withheld the employee private property without permission? even the the person have already sent letter claim of its items?

Can the company terminate the person and clear his/her personal item without the person present on site?

Please advice

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