QUOTE(mflayer158 @ Nov 6 2019, 08:39 PM)
Hi all, need some advice. I signed a conditional offer (approved upon passing of pre-employment medical checkup) with my new employer a week ago.
1) HR of new employer is setting a timeline, I need to tender my resignation by end of this week. However my medical check up results isn't out yet hence no confirmation on new employer side. The question is can I backdate my resignation letter? Eg I hand it to HR manager with my superior CCed next week but letter stated "effective 8th November 2019"
2) Am I even allowed (legally) to sign an offer letter and not tender immediately?
Thanks for the advice. The whole resignation thing is
You ask very relevant and valid questions - I'm always surprise that candidates in Malaysia, even senior ones, don't necessarily understand the way so many things can go wrong during an offer process.
1. I've seen offers retracted enough times due to medical test results that had red flags in them about a candidate, to know that your offer is never 100% secure until you've passed
ALL mandatory pre-hiring processes and checks,
AND you have gotten the offer letter in black and white (even an email does not suffice as that's not a legal document the way a letter of employment is).
So forget about backdating your letter. What you actually need to do is just politely inform HR that you'd like to wait for medical results to be out and for you to sign your offer letter before tendering your resignation. This is after all, what cautious, reasonable, and smart candidates with good judgment and understanding of risks do.
We are talking about just a few days difference, which isn't going to move the needle on how well you perform at the next company. If HR isn't on your side, try reasoning with the hiring manager. What will he do if he were in your shoes? Will he dare resign without passing a medical check - what happens if he discovers cancer in that process? Is the job offer still valid?
2. Yes you can. Once again, pay attention to the fact that there's always a tiny disclaimer in every offer letter in Malaysia stating something along the lines of 'employment or offer is valid subject to satisfactory passing of all pre-employment checks, etc.'
Another advice for when you finally resign: your current boss may freak out, refuse to meet you, try to stall for time to get a counter offer approved, whatever. Assuming you are dead set on leaving, remember to date your letter of resignation and keep HR cc-ed throughout. Your resignation is effective the day you sent that email/letter in, not the day HR or your boss accepts your resignation.