And answer to your thoughts:
1. When I have issues or not happy with my job, I'll just tell my boss about it.
2. Depends on situation. If it's within his control yes. But in most cases my boss couldn't do much due to company direction. (My boss is 1 level above me but 5 levels below other bosses)
3. Certainly not.
4. Yes, my company has high turnover rate.

Any cons of being too honest when resigning? I'm thinking of listing my boss as my referral. Would this help?

It's really subjective and depending on situation. (as in nticks case)

Referral, perhaps you should speak to him first whether his agreeable or not to be your reference, as a courtesy.

tq for that..u are very a good kind person..too bad is..i already sign that letter.i have no choice or idea..if i no sign it...my bos will terminate me at the same time since chinee new years is coming...i need that jobs...but i will 100% after chinese new years.coz this company is not for human working...haha...anyways..tq alot for ur explaintion..tq alot.

Will my bonus been heldback, even if i have the letter stated i will be pay for the bonus on the February salary in the even i were to put my resignation now?

Hi Aurora,

Hope you can help me on this:

I have resigned on my current company on 4/2/2010 and need to serve notice period of 3 months.
I need to be released early due to the new company urgent need me.(Report date 15/3/2010)
So I pay 1 month notice and serve remaining 2months.

Current leave balance=15days
Situation is that the company do not allow me to deduct the balance leave 15days(3 weeks deduction).
Instead they pay me for the leave balance & I need to pay notice of 1 month & 3 weeks because of early release.(Last day 11/3/2010)
If like this I will not get full salary on March.(Calculation until 11/3/2010)

If the leave can be deducted, then I will get full salary March and I only pay 1 month notice only

Can the HR/management do not allow their employee to deduct the balance leave just to avoid full salary payment?

Assuming...

Before the announcement, if you tender your resignation, most likely the person won't be entitled to the bonus.

After an announcement, most likely budget has been allocated already. Than again management can come up with fictitious rules that might prohibit you from collecting your bonus i.e. you resigned.

Perhaps you should wait until after you collect your bonus before you tender your resignation?




Some HR depts have strange mechanisms in place, when a person resigns...

In your case, the HR don't allow you to offset your Annual Leave against your notice period and decides to pay u instead.

I think HR (or some unseen hands behind) just wants to play hard ball, i suggest:

1. ask HR why is it not possible to offset annual leave against notice period (in writing);

2. enquire around whether any person when they resign are allowed to use annual leave (earned) to off set their notice period;

3. if items 1 above doesn't work, ask HR directly whether they have done it before for any other staff;

4. confirm in writing whether it is a company policy/ HR guideline for them to prohibit off setting of Annual Leave against notice period and etc...

5. finally my contract doesnt say anything like that!

Explanation:

For items 1:
Ask them for an explanation in writing, it will help you in your arguement and prevent them from implying things that are not relevant in the first place i.e. your KPI, your Boss needs you, your are your bosses (Cougar/SheWolf) valentine etc...

Once you have a written explanation, depending on the reply they give you, you can start poking holes and see how long can they tahan.

For items 2:
If other people are entitled to offset their annual leave against their notice period, than it will serve your arguement well. You can turn around and ask HR back, why are you guys so double standard? Make sure you confirm this as a fact first.

If they say, "i don't know", "really", "oh really", "no such thinglar" and so on, ask them to put in writing.

For items 3:
Most likely a very tricky question for HR to answer, if just ONE person has been given an opportunity to use their annual leave to offset their notice period, they will be caught. This shows they have double standard.

They can say "no", no such thing has happened before. Than you say, "very good", please confirm in writing.

For items 4:
Ask for Company, Hr Policy or Guidelines pertaining to your situation, if they can't produce any supporting documents just because you are resigning that means that they are no sincere. Again ask them to put in writing as to why they do not provide you with copies when requested.

In any case, this might work as a double edge sword against you. If in any of the policies or guidelines in mentions that you are not permitted to offset annual leave against notice period than you might be caught.

For items 5:
If item 4, this is for small companies that do not have HR policies in place and everything is written in the sky or verbally and change every second.

Problems?

i am doubtful you will get a written confirmation/letter from HR for items 1-6. So here's my suggestion, speak to them verbally first than put in writing later:

Scenario A


Sample Letter



The bolded portion is the essential portion, the rest is just for illustration only.

Hi Aurora,

Thx for your reply.
Actually I have ask the HR why I cant offset my A/L?
She answer that "is our policy that you can only offset your A/L if your serve full notice 3 months"
If serve 2 month notice ,we will pay you by cash on the balance A/L

So what should I do?She didn't show me the policy either.
Do I have the rights to choose to offset the balance A/L so that I can full salary payment?

i has already tendered my resignation notice to the management people n he has signed it,but i didn't make a photocopy of the signed notice.
later the company refuse to pay me my salary, n claimed that i didn't give them any resignation letter.
is there anything i can do?

after considering your scenario again, i did enquire with some HR friend about your predicament.

If you had offset your balance entitlement say...

Balance Leave 15 days

Notice Period 3 months

You Serve 2 months.

You Pay 1 month penalty.

If you had offset you leave balance for the full 2 months that you were serving, i reckon this would be possible.

Unfortunately if you attempt to offset your leave period against the 1 month penalty period, i am afriad its not possible.

I believes this has something to do with entitlements and the calculations of how leaves are earned.

And i think thats why thats one of the reasons why HR refuse to allow such offsetting.

I suggest u seek assistance on this matter as well.

---

Added on February 23, 2010, 9:20 amAsk HR a copy of the notice.



This post has been edited by aurora97: Feb 23 2010, 09:20 AM

Request for it to be photocopied for your record. It is as simple as that.

Regards, Joey

Hmm just wanted to know, what are the right procedures to resign from a part time job where's there's no contract or anything that binds both parties?

And let's say you're in your first day at a company as a part timer, and u haven't signed any letter of employment yet, how would u resign if u decide to resign after the first day itself? Is it okay to just leave an email?

~thanks~

It's a part time job. You may want to inform them verbally and/or send an email of notification. It is as simple as that.

Regards, Joey

Hi,

I have a condition where my notice period is 3 months, and my future company is willing to buy 2 months out of 3, and I just have to serve my current company for 1 month notice period. However, in a talk with my boss, even though my future company is willing to pay for it, it's up for my boss to accept such compensation. Is that mutual agreement, or if I'm willing to pay for it, they have to accept it?

I haven't check with my HR as I would like to talk to my boss first, let her know of my condition. My boss told me that it's up to the department to accept such buyout.

Please advise. Thanks.

I believe its ur company descretion to agree to buyout. Department, I dunno. Try nego wif ur boss, consult HR too on previous buyouts that have happen b4.

You can play dirty if you want. You have the call for the shot. But I would suggest you negotiate your way in first.

Regards, Joey

Just came back from HR. I have to say that my negotiation with my boss has failed, and I have proceeded the matter to HR. HR enlightened me that "they have no rights to stop you from leaving", so I have submitted another letter in order for HR to come out with the calculation (remaining months to pay etc).

I have to do this as this is the only company that is willing to buy me out, plus they are offering good package. I'm risking my rice bowl if I keep them waiting. Once, I have to be selfish in this matter.

I have one rather odd question and would appreciate if anyone could help me answer. Should the company pay me my bonus let's say on the 15/3/2010 and already credited into my account, should i tender my resignation on the day itself, could they turn around and ask me to pay back the bonus to them? Is this legal? Just curious....

Hi guys, I've got a small prob. My fren has not been confirmed by co. A but they still asked me to give 2 months notice. My fren has written what is in the contract and the handbook below. The contract dosent differenciate between a confirmed and a staff under probation. Co A did also give one of his colleague 1 month pay n did not confirm him ( Based on the handbook). He has to join Co B after the notice. Notice was from 19 March to 18 April. He also has 6 days annual leave balance.The co has said that they will hold his pay for April untill he pays 1 more month notice.What can he do?

The contract states

3. Probation and Notice of termination

3.1 You shall serve a probationary period of six (6) months. The probationary period may be extended in writing at our sole discretion for a further period not exceeding another three (3) month(s).

3.2 Following completion of the probationary period including any extension thereof, you shall be advised in writing by us on whether you have been confirmed for regular employment.

3.3 During your employment, your employment may be terminated by either party giving the other party two (2) months' notice in writing or two (2) months' pay in lieu of notice. No reason need be assigned for such termination and no claim by you shall arise out of such termination.

4. Other terms

4.1 You shall be subjected to all other terms and conditions of employment as contained in our Employment Handbook and/or such other corporate manuals as may be issued to you from time to time.

4.2 You shall abide by all terms, conditions, rules and regulations and observe all policies, practices and guidelines relating to standards, work ethics, safety and such other employment related matters currently in force (and updated from time to time) as stipulated in our Employment Handbook and/or other corporate manuals issued to you.

The handbook states,

31. Probationary period

31.1 Unless stated otherwise in your contract of employment, you will be on probation for the first three (3) months of your employment with the Company. We may extend this probationary period for a further period of three (3) months at our discretion. This period will give both of us an opportunity to explore whether or not you are suited to this position.

31.2 During your probation/extended probationary period, your manager will review and discuss your performance with you.

31.3 Having reviewed your performance, conduct, general suitability and compatibility during your probationary period, we will decide whether or not to confirm your employment on a permanent basis.

31.4 At any time during the probationary period including any extension thereof, your employment may be terminated by either party giving the other party one (1) month's notice in writing or one (1) month's pay in lieu of notice. No reason need be assigned for such termination.

As convoluted as your mind, I'm not sure if I should address you or your friend pertaining the above mentioned complications. As a summary based on your posting, I would say, there is a time to score and a time to sit on the bench.

Unfortunately, you have to sit on the bench. Period.

Regards, Joey

hi,
i tender resignation on 15/3/10 with one month notice so last day should be 15/4/2010. but after deducting prorated annual leave now my last day is 20/3/10. question is when should March and April Salary be paid.

Is Mar + Apr salary paid in one lump sum on the last day of employment (20/3/10) or before end of March

Or

Is Mar's salary paid before end of March and Apr's salary paid before end of April

Please advise. Thanks in advance

salary will be credit to yr account on monthly basis. thanks.