Dear all,

I tendered my resignation on 12th July 2022. I handed over a physical letter to my company's GM and HR. The GM ask me to hold on to the letter and think this through as he ask why I want to resign (I have some personal issues working with the GM which I raise up before I finally got fed up and resign).

Neverthless I handed a copy of the letter to HR and begin my 3 months notice period.

The next few days the GM tried to find some measures to make me stay with a counteroffer but I'm firm with my decision and already signed an offer letter with my new company to begin sharp October 18 2022.

This morning I've just been informed by my HR that on top of my 3 months notice period, the GM will only agree to release me the company can find my replacement and I must do a full handover.

I'm a bit worried about this term as one of the reason I left is because I felt underpaid for my scope of work and the GM tends to pile up way too much work beyond my job scope on me just because I was willing to do it (one of the reason why I resigned). I'm worried if my replacement couldn't be hired in time they will use that as a reason to hold me back.

I'm thinking of now emailing a PDF copy of my resignation later to my GM and HR and keep the copy as proof of my notice, in case things gets ugly I can at least still fulfill my 3 months notice period, but I'm trying to avoid things getting too confrontational.

I checked my employment letter on the resignation term and it does state on top of the minimum notice period for my role, there's a statement saying "subject to discretion of the company". I'm worried the company will use that clause to hold back my resignation.

Any advice for this case?

Hi all,
I just joined my current company 2 months ago. Before I joined the company, I went for interview for permanent position at government agency with better pay and it's permanent (with pension etc).
I found out I got the job last Wednesday. Now I am nervous to tell my boss.
She's been so nice to me.
How do I properly address this?

Once you tender your resignation you are then bound by the employment laws or rules in your country governing resignations and the exit terms in your employment contract and/or employee handbook.

- I hope you have enough proofs that your resignation letter has been recieved/ accepted by the your supervisor.
- Send an email mentioning the details of the discussion, time,date, place, people present and state the reasons your employer is denying to accept the resignation.
- Send an email reminders to accept the resignation if it is not accepted and inform that you are not willing to withdraw the resignation and will not work because you have served the notice period is over (as per contract) and It will not be possible for you to extend your stay. Please mention that you have not recieved the date of release inspite of reminders.
- Get clearences parallely from department like accounts, systems, library etc stating that there are no dues or assets against you. Send an email that you have no assets or documents of the company.
- Have adequate proofs of employment like PF statement, last 3 payslips etc.

You can stop reporting once your notice period is over.If you have served adequate notice period. The employer has no choice but to release you.

The employer cannot initiate a legal notice for resigning notice.

If they force you to work or threaten you. You can file a complaint against your employer to the Local labour commissioner. Legally this is called "Unfair Labour Practice", which is illegal and punishable. Employer can be jailed or a fine can be imposed.

The Apex court has ruled many judgements very clearly on the above issue and you must not worry and must not succumb to the undue pressure built by the employer.

does the company has the rights to increase the notice period without notify the employees?

eg, when you first joined the company, it was 2 months period but after few years, HR updated the policy to 3 months period for all employees without any new contract,etc

Usually they should come out with memo or something, maybe update employee handbook/something and also update employment letter with employee sign-off

Most company use 3 months notice on exec. level above that serve more than 3 years but well Malaysia

This post has been edited by WaNaWe900: Sep 26 2023, 07:31 PM

They updated the handbook but without asking old employees to sign. Unless there is a term where company can change the notice period without consent but totally cant remember that

I think each time update they should announce, circulate and have grace periods for the new handbook to all employee to respond

All employee need acknowledge received and/or accept handbook

Unless you have signed an agreement to the latest terms and conditions the original resignation notice stated in the offer letter applies.

Thats what i thought too
Probably just the system sync all employees but original offer letter still valid

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.

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.

Fix an appointment that she is free and can discuss. Tell her nicely. State ur reasons.