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 Resignation Handbook, Revamp in progress 240614

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daklewijd
post Jul 10 2017, 04:54 PM

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I've just recently resigned a local company to work overseas. First, it came to my shock, Hasil taxed so much, like basically half of a month salary. That's ok I already move on. Then when I work overseas I found out that when you resign from a company, according to the law the company is compulsory to provide a certain amount of money as "appreciation". Like 10 years of working entitled for 10 months salary. What I want to know in Malaysia, is there such thing as "appreciation" money after you resign?
*I've been in the company for 12 years
Belphegor
post Jul 11 2017, 09:57 AM

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QUOTE(NicJolin @ Jun 30 2017, 02:00 PM)
Dear All,

A close friend of mine (not me, srsly) has tendered her resignation from the company not too long ago.

The resignation has been accepted and her last day and notice period was informed to her a week after the resignation. She suppose to serve her notice up till mid of August.

However, just after the raya holiday, she was told that she has been relocate/transfer and assigned a "special task" to an store outlet reporting to store manager under operation team. She is  a HQ senior exec level staff.

Her superior verbally claim that such changes are due to 'conflict of interest' but never justify the misconduct she has committed without solid proof/evidence.

Such changes is deem as a serious demotion, insults and inconveniences due to the fact that she travels to work straight from walking to LRT nearby house and the LRT will be able to reach her office straightly.

Her offer letter clearly stated her as HQ staff that clocks in at 8.30am and out at 6.30pm as a senior exec. level staff responsible of doing merchandising/buying task but also she company has the right to ask employee to transfer. But did not include clause that states the employee must be able to travel, as she is a desk bound job.

The reassignment/transfer will be a major variation from her existing job scope and no official memo was given to her. Only thing is a JD. She was told to clock in at 8.30 at HQ but disallowed to enter office and then travel to the assigned outlet and wait for the shopping mall to open at 10am then she may allows to leave at 6.30pm. This is considered lenient as they deserve the right to ask her to follow the operation shift time of 10am to 10pm.

To her, this is completely unacceptable and she ask to leave the company immediately. The company then without hesitation offer her 2 optinos. Option 1 being that she leaves immediately but without salary/compensation pay-in lieu up to the last day of her notice period. The company will only pay her until the day after raya and the balance of her AL.

If she refuse, then she must take option 2 and go to outlet store to serve her remaining notice period there and disallowed to enter the HQ office. This utterly absurd arrangement and a trick by the company to force people out without paying them the compensation.

Because of the transfer and reassignment is done in such a short notice and the nature of it being a serious demotion and variation from the existing job plus an insults to her, in a way it is a dismissal forced by the company instead of the staff asking to leave.

Anyone know what is her rights and would it be fair to demand the company to compensate the salary up till the last day of the notice period?

Thanks
*
Hi, any updates from your friend side? hmm.gif Would like to see what's going on now with your friend; which options she choose.


QUOTE(daklewijd @ Jul 10 2017, 04:54 PM)
I've just recently resigned a local company to work overseas. First, it came to my shock, Hasil taxed so much, like basically half of a month salary. That's ok I already move on. Then when I work overseas I found out that when you resign from a company, according to the law the company is compulsory to provide a certain amount of money as "appreciation". Like 10 years of working entitled for 10 months salary. What I want to know in Malaysia, is there such thing as "appreciation" money after you resign?
*I've been in the company for 12 years
*
Malaysia does not practice that. That's considered a bonus if the company gives you that kind of entitlement.
NicJolin
post Jul 11 2017, 06:01 PM

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QUOTE(Belphegor @ Jul 11 2017, 09:57 AM)
Hi, any updates from your friend side? hmm.gif Would like to see what's going on now with your friend; which options she choose.
Malaysia does not practice that. That's considered a bonus if the company gives you that kind of entitlement.
*
Got in touch with a industry relation lawyer, drafted a letter & sent to the company demanding the following:

"Immediately reinstate her position in the HQ office and let her finish her remaining notice"

or

"Claim of constructive dismissal due to the nature of your newly assigned task is too much variation to the offer letter, she can no longer accept to work in the company and force to leave immediately due to the employer's conduct, thus the employee in entitled to be paid salary in-lieu to the last day of her notice"

The company obliged the first option, refuses to pay her but also force to allows her into the HQ and resume her access to the systems, but they assigned her to admin and filing work for her remaining notice.


Lawyer also comment, constructive dismissal is being carried out quite often in Malaysia by employer and typically the employee would be subdued by the company, but in truth if this goes into the Industrial Relation Dept or even to Court, very likely the employee would win the case.
adam1190
post Jul 12 2017, 11:40 AM

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Hi, my last day of work was supposed to be on the 18th September based on the serving of 3 months notice. However, my company allows me to use my Annual Leave to offset against the notice period and they confirm that my last day of work will be on the 5th of September.

Hence, they will pay my salary until 18th of September right? And can I join a new company on the 6th September? Thanks for the help smile.gif
publicENEMY
post Jul 13 2017, 08:17 AM

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My company denied claim my friend business trip. The trip was approved by higher management. Theres letter for it. Now, hes resigning from the company and looking for a legal way to claim the trip.

Unfortunately, his salary is more than RM 5000 and out of Pejabat buruh jurisdiction. IR on the other hand, only deals with termination. So how can he proceed with the claims? Are there any institution that can helps? Tribunal?
mr.thinkpad
post Jul 13 2017, 08:19 PM

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QUOTE(publicENEMY @ Jul 13 2017, 08:17 AM)
My company denied claim my friend business trip. The trip was approved by higher management. Theres letter for it. Now, hes resigning from the company and looking for a legal way to claim the trip.

Unfortunately, his salary is more than RM 5000 and out of Pejabat buruh jurisdiction. IR on the other hand, only deals with termination. So how can he proceed with the claims? Are there any institution that can helps? Tribunal?
*
write official letter to company and complaints to tribunal..if can, hire lawyer to sue for damages/compensation on late payment..
Agent 45
post Jul 15 2017, 09:32 PM

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Hi, i need some advice for my notice period of resignation. My employment contract states that outstanding leave may be taken into account when calculating the period of notice, does this means that i can use my left over annual leave to offset the notice period? My last day is on 31st of July after serving 1 month of notice period, i plan to offset it with my 7 days left over annual leave which means i can leave earlier on 22nd of July. But the problem is, my HR inform me that i can only offset for 2days instead of 7 days unless if i leave on December?? Is my HR right?
mr.thinkpad
post Jul 16 2017, 11:33 PM

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QUOTE(Agent 45 @ Jul 15 2017, 09:32 PM)
Hi, i need some advice for my notice period of resignation. My employment contract states that outstanding leave may be taken into account when calculating the period of notice, does this means that i can use my left over annual leave to offset the notice period? My last day is on 31st of July after serving 1 month of notice period, i plan to offset it with my 7 days left over annual leave which means i can leave earlier on 22nd of July. But the problem is, my HR inform me that i can only offset for 2days instead of 7 days unless if i leave on December?? Is my HR right?
*
"may be taken into account" means final say is on the employer side.. it is not ur eligibility
nargcore
post Jul 20 2017, 09:39 AM

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QUOTE(Agent 45 @ Jul 15 2017, 09:32 PM)
Hi, i need some advice for my notice period of resignation. My employment contract states that outstanding leave may be taken into account when calculating the period of notice, does this means that i can use my left over annual leave to offset the notice period? My last day is on 31st of July after serving 1 month of notice period, i plan to offset it with my 7 days left over annual leave which means i can leave earlier on 22nd of July. But the problem is, my HR inform me that i can only offset for 2days instead of 7 days unless if i leave on December?? Is my HR right?
*
I think because your leave is pro-rated, thats why its only 2 days and 7 days if you leave in dec.

Maybe you can recheck with HR.
tallrice
post Jul 23 2017, 01:00 PM

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QUOTE(DarReNz @ Dec 26 2008, 05:28 PM)
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...
*
i hv balance AL of 16 days and running shift...
my notice period is 2 months and i offset by using my AL become 1 month...
shall the company pay my remaining notice period which i offset using my AL?
need many help here... thanks in advance
DarReNz
post Jul 23 2017, 01:04 PM

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QUOTE(tallrice @ Jul 23 2017, 01:00 PM)
i hv balance AL of 16 days and running shift...
my notice period is 2 months and i offset by using my AL become 1 month...
shall the company pay my remaining notice period which i offset using my AL?
need many help here... thanks in advance
*
if your new company is able to buy your remaining notice period sure then you can leave almost immediately laugh.gif
Asenav
post Jul 25 2017, 05:12 PM

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A hypothetical question: Does the employer have the right to ask the resigning employee to find a replacement before he/she leaves?
TSaurora97
post Aug 8 2017, 06:26 PM

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QUOTE(Asenav @ Jul 25 2017, 05:12 PM)
A hypothetical question: Does the employer have the right to ask the resigning employee to find a replacement before he/she leaves?
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No.
Kilohertz
post Aug 15 2017, 10:05 AM

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By default, my notice period stated in my offer letter is 3 months which is too long. Is it appropriate to put the desire notice period in my resignation letter for example 2 months? Or negotiate it offline with HR to come out with the final date?

This post has been edited by Kilohertz: Aug 15 2017, 10:06 AM
ganumali
post Aug 15 2017, 06:41 PM

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QUOTE(Kilohertz @ Aug 15 2017, 10:05 AM)
By default, my notice period stated in my offer letter is 3 months which is too long. Is it appropriate to put the desire notice period in my resignation letter for example 2 months? Or negotiate it offline with HR to come out with the final date?
*
u can try to talk to ur mgr. if he can shorten the period notice, maybe with some reasons if there is no other conflict then maybe he will discuss with HR?
biggrin.gif
starz92
post Aug 19 2017, 06:16 PM

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Hi,
One of my friend work at a small cafe full time without socso, EPF and annual leave . When he wanted to resign, he was told by his boss that according to labour law, he need to serve one month notice period even though there are no written contract/letter. Otherwise, he will only be paid half of his salary entitlement. In my opinion, since there are no written contract, no socso contribution, no epf and even no annual leave, it can be considered that the employee and employer relationship did not exist and my friend are mainly an independent contractor providing services as worker to the cafe therefore he should be paid accordingly and should not be bound by the labour law requirement to serve one month notice period for services less than 2 year.
Please help to clarify on this matter.
Thanks.
ganumali
post Aug 28 2017, 05:54 PM

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any case that the new company wants u to pay the buyout first and we claim back later? the company should have it in black n white is it ? to us ?
Myro1985
post Sep 8 2017, 04:34 PM

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Could someone recommend me an agent to expedite my tax clearance process?
Please PM
otai_g
post Sep 26 2017, 09:10 AM

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what is the best way to tell my bos i want to resign?

not because i got better job offer or what.

i just want rest for 1 month before start searching new job.

my current company notice period is 3 months and definitely most company not willing to wait me for 3 month when offer job. i have go many interview and most company say the same thing.
ken_zie
post Sep 26 2017, 11:49 PM

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QUOTE(otai_g @ Sep 26 2017, 09:10 AM)
what is the best way to tell my bos i want to resign?

not because i got better job offer or what.

i just want rest for 1 month before start searching new job.

my current company notice period is 3 months and definitely most company not willing to wait me for 3 month when offer job. i have go many interview and most company say the same thing.
*
Or you can nego with them for buy out. But if buy out, the new company will probably need you to sign a maybe 1 year contract.

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