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 Resignation Handbook, Revamp in progress 240614

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TSaurora97
post Feb 24 2016, 03:28 PM

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QUOTE(Shinka @ Feb 24 2016, 03:21 PM)
Understood, thanks for the advice!

Anyway 1 more question, if I had fired that employee earlier, is it mandatory that he is entitled to that 3 months pay? His performance has never been very good from the beginning, and he is always late as well.

Couldn't we use that to justify the sacking? as in sacking with reason.
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Performance is evaluated over a period of time and documented in writing. If you felt his/ her performance was poor then, why didn’t you sack him earlier and come out with all this funny moves to justify terminating him during a notice period?

Just wait out the notice period, instead of getting dragged into industrial court for pulling cheap tricks.

Whether company big or small, SOP is a must. If you rely on trust and something goes haywire be prepared to waste hours on documentation/explanations and worse going to tribunal/court.

TSaurora97
post Feb 24 2016, 05:38 PM

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QUOTE(Shinka @ Feb 24 2016, 03:36 PM)
Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly.

However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly.
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Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly.

Is it documented that your gave him the opportunity and how would you know that he did or did not perform against a certain expectation?

You can’t just feel that a person isn’t performing, it must be measured against a tangible goal. For instance, to bring in RM 5 mil in sales.

Also, for your benefit and hope you don’t repeat the same mistake, asking a person whether directly or indirectly (this constitute constructive dismissal), if he quote you on that you may have an industrial court matter in your hands and potential a hole in your company’s pocket.

However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly.

Ha? You are not running a charity, times are so bad you can’t afford leakages like this.

Normally, company will ask for original MC, if company think it is fake then company will normally ask staff to extract medical record from clinic. If employee doesn’t want to give consent, the company will ask the employee to authorise company to extract medical record.

IF the employee doesn’t give, normally company will not reimburse medical claim and treat as no pay leave. To go further, some might lodge police report cause fake MC is a big thing nowadays.

But since you mentioned is not a requirement and you adopt different practice, if he bring to industrial court… again you can expect a lot of explaining to do and potentially a hole in your company’s pocket.

Set aside your personal “opinion”, focus on crafting an SOP for your company. There are other ways to build trust and empower people without using vagueness and assumptions. Take this mess as tuition fee and let it slide.

TSaurora97
post Mar 1 2016, 09:20 AM

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QUOTE(Manada @ Mar 1 2016, 08:25 AM)
Hey guys im currently interning at this company.  But i want to leave 2 weeks before my official end date. During the interview i said i can commit till mid april,  15th april and they put that as my official end date on their offer letter.

Then i feel that i want to quit early because my semester starts at 29th march. Who should I talk to?
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if you want a straight answer, this will normally be the Manager that you have been reporting to or assigned with. If you are in doubt, then the Head of HR will do.

If you want to structure a good reason why you want to depart early then consider this...

when you said that you can commit till mid April, did you know your semester will start on 29 March?





TSaurora97
post May 14 2016, 06:51 PM

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QUOTE(hullabaloo_bard @ May 13 2016, 03:43 PM)
Guys,

I need some opinions about resignation and its timing.

I may receive a well-paid job offer next week. However, my current job requires 3-months notice (will end in August if I resign in May) and on top of that, i'm expecting to get good bonus in July.

So, my question is, is it possible for me to accept the new job offer now and only resign after my bonus in July? As for the penalty on the notice period, it will be settled by my July bonus.
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bonus is given at the discretion of the company. the moment you you tender the company will forfeit you bonus and most likely redistribute it to everyone else . this is the normal practice, unless you really really have a good relationship with the management.
TSaurora97
post Jun 2 2016, 01:25 PM

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QUOTE(MiztaLegendary @ Jun 2 2016, 01:12 PM)
Hi All,

Will there be any consequences at the company in singapore if got blacklisted by the company in malaysia?
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answer is don't know. though chances r slim because of personal data protection laws.

for avoidance of any doubt however, don't get blacklisted in the first place.

This post has been edited by aurora97: Jun 2 2016, 01:40 PM
TSaurora97
post Jul 13 2016, 11:54 AM

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QUOTE(popeye3rd @ Jul 5 2016, 09:34 AM)
want to ask..if my notice period is 2 month and new employer willing to buy out, does it mean i can write in letter 'resigning with 24 hrs notice'?
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Look into you employment contract and see what it say. There is sometimes a provision that say “salary in lieu of notice”. If that is the case, if you can afford (i.e. your new employer) to buy you out for everyday of your notice…

It is feasible to serve a 24 hours notice.

TSaurora97
post Jul 29 2016, 08:47 PM

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QUOTE(lowlowc @ Jul 28 2016, 08:18 PM)
Add one more situation of mine. I've seen someone posted something similar to mine but his is without the salary issue.

I joined in mid Dec 2015 and was supposed to be confirmed by mid mid June 2016. In Apr, I tendered my resignation because I do not like the job, the travelling is far, my salary is lesser and I have another option to consider.

However, my boss was very adamant that I should stay and persuaded me, offered me a lot of things ; lesser work, more guidance, said I can go back early to avoid traffic. I rejected all because I know she's just saying that to save herself from doing the work. In the end, up to the GM also had a talk with me and offer me increment. So I stayed for the sake of the money, but later told me the company policy is increment is only for promotion or confirmation. Even the HR confirm with me that upon confirmation which WILL be in June, my new salary will be effective for July's pay. No official letter but with email communications to say effective 1st July.

By July I was already asking about my confirmation letter and they said pending at the CEO. So today is pay day and I am still getting old salary. I sent an email to HR and CC my boss asking why is the increment not taking effect, they replied because the CEO signed late and HR could not make it into this month payroll. In the email again, they said I will get the new salary and pay back July's salary difference.

I am no longer trusting them and I am planning to tender my resignation. Problem is am I considered as a confirmed staff or not? I had worked past the 6 months probation but I did not receive confirmation letter or sign on anything. Confirmed staff is 3 month notice while probation staff is 1 month.

I am handling a project now, and if 3 months notice, they can go back on their words not to give me my new salary yet I have to work for them 3 months. By then I will have finish their project already.

If one month will be great as they are the one not delivering what they promised.
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QUOTE
Problem is am I considered as a confirmed staff or not? I had worked past the 6 months probation but I did not receive confirmation letter or sign on anything


You answered yourself. You are not a confirmed staff.

TSaurora97
post Sep 27 2016, 02:18 PM

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QUOTE(VFL @ Sep 25 2016, 05:10 PM)
Hi guys.Need your help
1) New employer promised to buy me out with the email confirmation where is no offer letter ready.Can I treat the email as official evidence to resign?
2) I ask to get the offer letter before resign but the new employer said it is not ready now. They need time for processing, like background screening etc..Will there be a possibility like this?What can I ask HR so that new employer can give me the offer letter?
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1) the method itself is convenient but if you ask me there's just too many what "if" and not enough answers.

Also, you are talking about your rise bowl, you can't have a situation where you have one feet in and another out. You don't want to be slammed by the door right?

2) Ask them how long it takes and what is the rush until have to issue email?

At least type one simple letter (on letterhead) signed by head of HR or CEO or senior management saying your employment is confirmed but pending issuance of "Letter of Offer". This will give you comfort to resign and not leave you guessing or hanging.


QUOTE(half_lif3 @ Sep 26 2016, 03:01 PM)
My situation here,

My offer letter do mention that 3 months of probation period and resign during probation will need 1 month notice. and after confirmation then i will need to serve 3 months notice.

Problem now I'm in my 4th month and I'm not given any formal or verbal notice that I'm a confirm staff. So I should be serving 1 month notice right?
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I really hate this type of employers. Say 3 months probation period but don't confirm you in the 4th month because they are undecided yet. At least have the courtesy to tell them that they are still on "extended" probation.

They should notify you in writing with a separate letter stating the change in your status, if no letter is forthcoming, it's likely your status has not changed.

Confirmed staff and probationary staff benefits (insurance, medical, annual leave) are different and it cost more to employ confirmed staff.
TSaurora97
post Sep 29 2016, 05:06 PM

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1. 3 months or 1 months’ notice > when you want to keep your job, the longer the notice period the better and vice versa. There’s no real benefit to it, also this will enable to company to search for replacement and for your to handover work.

2. whether to tender before or after finding a job. In my personal view, it’s best to secure a job first before tendering. At least such arrangement guarantee you a stable income. If the new employer is in urgent need of staff than they should consider buying out your remaining notice period.

3. if employer exercise right to terminate u earlier than your notice period without reason, I believe that will be unfair dismissal and a breach of your employment contract.

4. in the “addition” section. You are being subjected to a disciplinary (may not be subject to dismissal but suspension, withheld increment/bonus) OR dismissal process (immediate termination, pay pro-rata salary upto date of termination). The first stage is show cause and the next you will face a panel in a domestic enquiry.

I suggest you think through your answers before replying to the show cause letter, from here on end there’s nothing much I can comment or assist you.

Best you seek legal advice.

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.
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.

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.
TSaurora97
post Jan 2 2025, 03:09 PM

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QUOTE(Nekochan @ Dec 26 2024, 01:46 PM)
Hello. I'm in a bit of a conundrum.

I'm working in an international school and recently the turnover rate is high so our company want us to sign a new contract that we may need to give 3-6 months notice.

All the staffs refused to sign it but then now they updated our staff guidebook stating this new rules about resignation notice. Our present contracts states that we abide to the staff guide book hence now my question is, does it means that whenever they update and change their guidebook, we have to follow it even though we didn't agree in the first place because the time we sign the contract , the guidebook does not have that rules.
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This is a conundrum indeed. Say for example, I want to revise your salary but you don't want to sign-off on the LO. I proceed to amend the Guidebook.

I guess there are two issues here:
1. things that are contractual in nature, will require mutually agreement by both parties. For instance, your notice period, salary, EPF contribution etc... are noted in your Letter of Offer.

2. Rules generally regulate the conduct of a person, example in a formal working environment, you may not be permitted to wear jeans to work. If you do not adhere to the guidelines than potentially the person may be subjected to a domestic inquiry/ disciplinary hearing.

So if you tender resignation based on the notice period as set out in your letter of offer but the rules say otherwise, is the company seriously going to put you through disciplinary proceeding to enforce your guidelines? its a bit mind-boggling.

Smells like a potential labour/industrial court issue especially if they decide to hold your salary with the assumption that they think you did not complete your notice period.

Yeah better seek somemore expert advice on this. smells fishy.



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