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 Resignation Handbook, Revamp in progress 240614

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Belphegor
post Aug 8 2018, 12:45 PM

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QUOTE(snowcrash @ Aug 8 2018, 11:16 AM)
Well, pretty much (I've actually already gone for the training by paying out of pocket first. This is for them to re-imburse me. Before they pay, they want me to agree to the bond
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Then do you mind paying it yourself? If yes then don't bother reimburse. Take it as an additional course to market yourself out next time, IF you really do not want to get bond.

But before they ask u to attend the training, did they mention anything about bonding? If no they cannot be asking u to sign a bond letter without stating it beforehand.
mhyug
post Aug 14 2018, 12:44 PM

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is it advisable to ignore the given last day service given?

i would like to end it on x date while company says end it on y date. so per say i just left on the date i want and bugger off what happens?

in my contract it doesnt say if i reach a certain seniority level i need to serve more days.

a) for sure i think they wont pay me.
b) legal or such?


in my view i already done my part in giving in the notice so probably i would end it on the date i want. i did think of resigning on 24hrs notice before giving my 1 month notice.

This post has been edited by mhyug: Aug 14 2018, 03:37 PM
hwachong
post Aug 16 2018, 09:36 PM

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If I resign on 1-Aug with notice period of 2 months and used up my annual leave to serve my second month, as a result, last working day is 31-Aug and official last day is 30-Sep. Can I start work with my new employer on 1-Sep?
MANU4LIFE
post Aug 17 2018, 04:46 PM

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QUOTE(hwachong @ Aug 16 2018, 09:36 PM)
If I resign on 1-Aug with notice period of 2 months and used up my annual leave to serve my second month, as a result, last working day is 31-Aug and official last day is 30-Sep. Can I start work with my new employer on 1-Sep?
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If your HR confirm that after deducting the balance annual leave that you have (pro-rated) and your last working day is 30 August 2018 (Thursday), then yes u can start work in new company on 3 September 2018 (Monday).

It all depends on HR calculation, and you cannot simply determine yourself when is your last day unless u have valid reason and the company is willing to let u go earlier (might come with deduction of your last drawn salary)
Belphegor
post Aug 18 2018, 10:35 PM

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QUOTE(mhyug @ Aug 14 2018, 12:44 PM)
is it advisable to ignore the given last day service given?

i would like to end it on x date while company says end it on y date. so per say i just left on the date i want and bugger off what happens?

in my contract it doesnt say if i reach a certain seniority level i need to serve more days.

a) for sure i think they wont pay me.
b) legal or such?
in my view i already done my part in giving in the notice so probably i would end it on the date i want. i did think of resigning on 24hrs notice before giving my 1 month notice.
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You have already passed probation? Or still under? And is the x date a total of 30 days, as per your offer letter? If yes then you are safe. If the y date asked by your employer is the correct 30 days, then you gotta serve until then.

Nothing much would happen but you definitely got blacklist and spread around if the industry you are working at is small enough.

QUOTE(hwachong @ Aug 16 2018, 09:36 PM)
If I resign on 1-Aug with notice period of 2 months and used up my annual leave to serve my second month, as a result, last working day is 31-Aug and official last day is 30-Sep. Can I start work with my new employer on 1-Sep?
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You mean you have sufficient AL to clear all the working days in September? If yes then is definitely the first week of September; ie. 3rd of September since that's Monday.
jokerxxx
post Aug 19 2018, 01:08 AM

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Hi all, would like to seek your kind advise on my case..

I've already resigned and serving notice period. However, recently management gives me 2 options:

Option 1, take garden leave for 1 month, then my employment officially terminated, but the problem is my notice period is 3 months and I won't get the salary for next 2 months

Option 2, continue to serve my notice period, but I will be reassigned a new role, which is totally not related to my current role, simply want to make my life miserable while serving notice period.


For option 1, I feel it is so unfair to me, as if I want early release, I need to pay full. But when the company wants me to leave earlier, they don't want to pay me in full (only 1 month).

Then for option 2, can they do it? Heard from a few (lawyer..HR..) that they cannot do it and I can sue the company..

any advice/opinion is much appreciated
mhyug
post Aug 19 2018, 08:40 AM

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QUOTE(Belphegor @ Aug 18 2018, 10:35 PM)
You have already passed probation? Or still under? And is the x date a total of 30 days, as per your offer letter? If yes then you are safe. If the y date asked by your employer is the correct 30 days, then you gotta serve until then.

Nothing much would happen but you definitely got blacklist and spread around if the industry you are working at is small enough.
You mean you have sufficient AL to clear all the working days in September? If yes then is definitely the first week of September; ie. 3rd of September since that's Monday.
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im over my probation period already. and yeah im leaving the industry all together. it made me think tho since a fellow colleague did resign on short notice (24hrs) and when a new manager came in after a year or so he resigned, they just rehired him back on the basis that the product line just got awarded some new contracts.

so imo, my hr is kind of a whack and it depends on how much the manager wants someone no matter the past record.

double post. anywho i already got my answer. my HR and manager agreed to release me early as per the date i want.
nick_linz
post Sep 1 2018, 11:54 PM

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I'm currently working in a global bank in Malaysia. I have been with them for 5 years. I'm currently in the midst of serving 3months notice period. I want to leave the company earlier. I checked the HR policy but there is no mention of payment in lieu of notice. The employment contract I signed was far too long ago and I believe it was stated 1 month notice period only as I joined at entry level.

My new employer is willing to buyout 2 months of my notice period but my current manager refuses to let me go earlier. Since I don't see any company policy around buyouts, can I force myself out of my current company and inform them I will buyout the notice period? Do they hv any legal rights to challenge that and continue to force me to stay? I'm ok to burn bridges.

Anyone can advise from legal perspective? Thanks.
TSaurora97
post Sep 2 2018, 04:05 PM

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QUOTE(nick_linz @ Sep 1 2018, 11:54 PM)
I'm currently working in a global bank in Malaysia. I have been with them for 5 years. I'm currently in the midst of serving 3months notice period. I want to leave the company earlier. I checked the HR policy but there is no mention of payment in lieu of notice. The employment contract I signed was far too long ago and I believe it was stated 1 month notice period only as I joined at entry level.

My new employer is willing to buyout 2 months of my notice period but my current manager refuses to let me go earlier. Since I don't see any company policy around buyouts, can I force myself out of my current company and inform them I will buyout the notice period? Do they hv any legal rights to challenge that and continue to force me to stay? I'm ok to burn bridges.

Anyone can advise from legal perspective? Thanks.
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This is a forum. You want legal advice, go find a lawyer lol...

Your employment contract between you and the company is what binds your relationship. Unless you agreed separately in writing with the company to amend your existing contracts, than 1 month notice (as stated in your contract) will suffice.

If your current manager is being difficult, you should deal direct with HR.

If you intend to exercise a buyout option, request your current HR to prepare calculations and what is the amount due. Once it is firmed up than you liaise with your prospective employer to issue a cheque for the amount. Before you handover the cheque, prepare cover letter and have your HR acknowledge the same.

Other strategies:-

(1) If they still hold you back, ask them to provide their reason in writing.

(2) Depending on the reason provided, you may either re-consider your termination notice or proceed to file a complaint with industrial court.

nick_linz
post Sep 2 2018, 07:32 PM

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QUOTE(aurora97 @ Sep 2 2018, 04:05 PM)
This is a forum. You want legal advice, go find a lawyer lol...

Your employment contract between you and the company is what binds your relationship. Unless you agreed separately in writing with the company to amend your existing contracts, than 1 month notice (as stated in your contract) will suffice.

If your current manager is being difficult, you should deal direct with HR.

If you intend to exercise a buyout option, request your current HR to prepare calculations and what is the amount due. Once it is firmed up than you liaise with your prospective employer to issue a cheque for the amount. Before you handover the cheque, prepare cover letter and have your HR acknowledge the same.

Other strategies:-

(1) If they still hold you back, ask them to provide their reason in writing.

(2) Depending on the reason provided, you may either re-consider your termination notice or proceed to file a complaint with industrial court.
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So the thing is regardless what is stated in my contract or the company policy, if I insist on leaving earlier, I can cut short my notice period by buyout. Because I'm about to go into a discussion with my manager this week to inform him I'm not serving the full 3 months notice. I will serve 2 months and pay the company 1 month regardless whether you like it or not. Lol...
TSaurora97
post Sep 2 2018, 10:57 PM

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QUOTE(nick_linz @ Sep 2 2018, 07:32 PM)
So the thing is regardless what is stated in my contract or the company policy, if I insist on leaving earlier, I can cut short my notice period by buyout. Because I'm about to go into a discussion with my manager this week to inform him I'm not serving the full 3 months notice. I will serve 2 months and pay the company 1 month regardless whether you like it or not. Lol...
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Your resignation is guided by your Contract with your company.

If you leave early instead of serving notice than you have to pay the compensation, hence the term "pay in lieu of notice".

If the contract state that you need to serve 3 months notice and you only serve 2 months than you have to pay for 1 month by a buyout. Aside from that, for any resignation, i don't recall you are required to furnish any reason or company can stop you from leaving. This is not slavery.
iXora.ix
post Sep 28 2018, 11:05 PM

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Hi guys,

My current company have this clause;

The Company also reserves the right not to allow
you to offset any unconsumed leave against your notice of resignation.

So that mean I i give them 1 month notice, my AL cannot be use to offset the resignation day right?
FatGrass91
post Oct 1 2018, 11:58 AM

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Hi guys, I need your advice on this.

I got a job through an recruitment agency that had me sign a contract stating that I must work for at least 6 months before resignation however they did not give me a copy due to discretion/ policy.

Fast forward after working 4 months, I did not get along with the company and quit. Now will the recruitment company fine me a certain amount of money? As they did not state in the contract how much as I can remember. What happen if I do not want to pay them?


Belphegor
post Oct 1 2018, 03:20 PM

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QUOTE(iXora.ix @ Sep 28 2018, 11:05 PM)
Hi guys,

My current company have this clause;

The Company also reserves the right not to allow   
you to offset any unconsumed leave against your notice of resignation.

So that mean I i give them 1 month notice, my AL cannot be use to offset the resignation day right?
*
By the clause, yes you are not allow to offset your existing AL to deduct the x amount of days for notice period. But do check if you can turn it into cash else you rugi besar. doh.gif Cannot deduct cannot turn to cash.

QUOTE(FatGrass91 @ Oct 1 2018, 11:58 AM)
Hi guys, I need your advice on this.

I got a job through an recruitment agency that had me sign a contract stating that I must work for at least 6 months before resignation however they did not give me a copy due to discretion/ policy.

Fast forward after working 4 months, I did not get along with the company and quit. Now will the recruitment company fine me a certain amount of money? As they did not state in the contract how much as I can remember. What happen if I do not want to pay them?
*
Once you signed an agreement, you are bind to a "contract" and they reserve the right to ask for compensation. Why would you want to sign such deal? hmm.gif I have reached out by a recruiter and I never sign any pre-agreement with the recruitment company for the job also. That should be between the recruiter company and the hiring company.
FatGrass91
post Oct 2 2018, 02:38 PM

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QUOTE(Belphegor @ Oct 1 2018, 03:20 PM)
By the clause, yes you are not allow to offset your existing AL to deduct the x amount of days for notice period. But do check if you can turn it into cash else you rugi besar. doh.gif Cannot deduct cannot turn to cash.
Once you signed an agreement, you are bind to a "contract" and they reserve the right to ask for compensation. Why would you want to sign such deal? hmm.gif I have reached out by a recruiter and I never sign any pre-agreement with the recruitment company for the job also. That should be between the recruiter company and the hiring company.
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I got this offer for an mnc which is quite well known and I did not think much tat time as I though I would spend at least a year cry.gif
Would they find out that I had resign??
Belphegor
post Oct 2 2018, 02:43 PM

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QUOTE(FatGrass91 @ Oct 2 2018, 02:38 PM)
I got this offer for an mnc which is quite well known and I did not think much tat time as I though I would spend at least a year  cry.gif
Would they find out that I had resign??
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Depending on how their payment collection like. Some collect half when you start work and another half after u pass probation. Some collect full amount prior commencement of new job.

Seem to me that your recruiter doing the earlier ones. If they found out they could not collect the remaining payment because you resign, they reserved the chance to claim compensation from you.

But do pray to God/Buddha/Whichever religion your belief is that this does not happen. laugh.gif
Red John
post Jan 3 2019, 09:20 AM

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If I tender my resignation letter say on Jan and have to serve 2 months notice until march. Does medical benefit still covered during the notice period Feb and March?

Reason I ask is my wife is due in March so Im wondering whether I can claim for maternity benefits after I tender my resignation and in notice period.
Belphegor
post Jan 3 2019, 11:01 AM

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QUOTE(Red John @ Jan 3 2019, 09:20 AM)
If I tender my resignation letter say on Jan and have to serve 2 months notice until march. Does medical benefit still covered during the notice period Feb and March?

Reason I ask is my wife is due in March so Im wondering whether I can claim for maternity benefits after I tender my resignation and in notice period.
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Once tender resignation, all benefits will be withdrawn unless those leaves were accumulated previously.

Say; you carry forward 5 days, you tender on January, you still can ultilize that 5 days + (x amount of AL per year/ 12). Maternity, sick leave usually not applicable for serving notice period.

This post has been edited by Belphegor: Jan 3 2019, 11:02 AM
Red John
post Jan 3 2019, 11:05 AM

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QUOTE(Belphegor @ Jan 3 2019, 11:01 AM)
Once tender resignation, all benefits will be withdrawn unless those leaves were accumulated previously.

Say; you carry forward 5 days, you tender on January, you still can ultilize that 5 days + (x amount of AL per year/ 12). Maternity, sick leave usually not applicable for serving notice period.
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Im quite clear with leaves. But not sure on medical benefits. Real bummer if cannot claim. Thought medical benefits still can claim until last date of employment.
Belphegor
post Jan 3 2019, 11:22 AM

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QUOTE(Red John @ Jan 3 2019, 11:05 AM)
Im quite clear with leaves. But not sure on medical benefits. Real bummer if cannot claim. Thought medical benefits still can claim until last date of employment.
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I'd say do check with your company HR department for clearer picture. From my previous experience, all my benefits was being forfeited when they accepted my resignation. But then again that's a chinaman company so you kind of expected it already. laugh.gif

This post has been edited by Belphegor: Jan 3 2019, 11:22 AM

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