Provided your "Old" Company is agreeable with the arrangements (i.e. accepting the compensation from your New Company), if otherwise they might be able to put up some road bloacks and force you to serve out your 1 month notice.

Well if the Old Company accepts your 1 week notice + the other "New" Company is willing to compensate your "Old" Company, you should be safe (the emphasis here is still, IF your "OLD" Company agrees).

In other words, you Old Company just can't be having both ends of the pie... either
1. they force u to stay a month longer; or
2. accept your 1 week notice & compensation in accordance wiht your contract.

its just letter of offer, just inform the company that u will not be taking up their offer.

*The Rule of Thumb is*

If you have any doubts at all, refer back to your contract and see what it say.



Step 1
I suggest you to write to them first, to seek confirmation. since they are deploying underhand tactics i.e. ignoring your pleas or beating around the bush. Proceed to step 2, 2a, & 2b

Step 2


Step 2a


Step 2b


if your being transferred. Step 3
if your not being transferred, remainig issue is allowance. Step 4

Step 3


Step 4


Not transferred with allowance given (solved)
Transferred but no allowance (step 5)

Step 5






*****


Be4 u read my spoiler, get confirmation whether you have been transferred or otherwise.

The job description can change at any time (like mine), its for internal use only i.e. to meassure KPI and other BS.

You need to look at the contract that you have sign from the very beginning with the company, what is stated there shall be what you have agreed upon. Any addition you that contract shall (normally) be mutually agreed upon.

Any addition that is outside that contract is irrelevant and not binding over u.

---

Added on July 2, 2009, 3:03 pmAssuming one fine day, the CEO walks into your room...

CEO: hey i got something to tell you..
A: yeah?
CEO: can u please ressign?
A: Why?
CEO: nothingla just want you to resign.
A:...

Verbally? - definate NO
Written - than again its no longer voluntary is it?

The meaning of voluntary is you freely leave the company i.e. u found a new job per se, so you tender your resignation.

***

If i had not done anything wrong, why should i resign unless of course the Company issues u a show cause letter... than if the evidence is sufficient and justified... well if given a voluntary resignation sound reasonable instead of being sacked.

***

Is this legal provided the employee doesn't defame company's reputation or loss.

What r u trying to say?

***

There's a few ways u can go.

1. Tender resignation - Voluntarily resign
2. No tender resignation = most likely sacked, retrenched and DEFINATELY not voluntary


This post has been edited by aurora97: Jul 2 2009, 03:03 PM

From yourcomments on my job specification, there are non of them relevant to my contract?

Put it simply like this..

Your contract states you are employed as an account staff...

Generally speaking most contracts will require a person employed as an "Acccount staff" do anything related to account (even though not within ur scope sometimes)...

***
If i get it right, they don't have right to sent me to KL without any official letter. Am i right?

But for some reason, somewhere (not in your contract), it is stated that you have to do HR work as well... do you think it is actually the job you signed up for?

Simply put it in contractual terms, you were promised bread but given rocks instead?

Fair deal?

-----

If its not specifically mentioned in your "Official Letter" they can transfer you to the north pole than.. i would say "yes" you have a right to reject it. PROVIDED you ask them to confirm in writing that you are actually being transferred.

-----
My 2 cents

Well normally say if you have been moved (not in a sense transferred), i suppose a person should be reimbursed with allowance of sorts...
I suggest you demand:
1. it because its not fair to you, you have not agreed to any sort of relocation.. your stay in KL should be borne by the Company, cause its the company whom put you there in the first place.

Say for example:
X is sent for a road show in Johor from KL, obviously he's going to claim for all the expenses.

Your case:
it's like sending X on a one way ticket to Johor, than the Company tells X and say "hey look here we are going to stop paying u allowance, find ur own way back to KL."

2. You must continue demanding allowance (since they paid u in the first place), if u keep quiet and they keep quiet... the longer u delay, it is possible for the Company to take it your OK, that u can survive without the allowance.

********

since the job specification did not mention anything about transfer/traveling specifically, it is consider out of contract and not binding over me?

Your contract is one thing, the job specification is another.. don't mix the too together.

The Contract is one u have agreed.

The job specification is internal policy. (which u have not agreed to)

~ if ur contract does not state anything about transfer or travel, than i would say its not binding over u. Instead the company has breached ur contract.

*********

Can i say that there is a violations on the contract since they sent me here and stop paying my allowance?

I am guessing here.

NO, unless u can find a clause in your official letter that say.. u will be reimburse with allowance for any task that the Company may direct u to do from time to time.

whether or not u want to go to labour office, can't help u on that (depends on circumstances)... but what i have mention is to first protect yourself.

though i have not touched anything on labour office...

those are all your evidence... "Break Glass in case of Emergency"

everything must be on paper.

This post has been edited by aurora97: Jul 2 2009, 04:45 PM

well we are in the same puddle of mud, just trying the best i can to help out.

Take Care & Gd luck!

Thank goodness the Donald isn't in Malaysia..

In future, please refrain from putting such comments in this thread. It's a discussion thread not kopitiam.

Assuming
1. one month notice required.

Conclusion?
Regardless whether you tender notice on the 1st of Jan or the 15th of Jan, you will still have to collect your cheque unless so unfortunately the last day falls on a weekend or a public holiday than have to collect the next following working day.

Err.. your company still issue cheque?
Most companies i joined normally pay online so i am not familiar with how are you goin to go about this problem.

My 2 cents... "Don't quote me on this"

i think your a probationary staff.

If your contract requires you to tender 2 months notice, than its what you have to do regardless whether your permanent or not.

There's a probably a provision somewhere in the Employment Act, but if you look carefully at certain provisions they allow such law to be amended, if the employee and the employer mutually agree in contract to vary the terms of employment.

Unless the terms of employment is silent than the law shall apply.

that kind of the whole point having a 3 month notice..
1. to stop ppl from deciding to leave the company suddenly
2. that u don't leave behind unfinished assignments
3. to give ample opportunity for the company to look for replacement.

if your employed contractually than u may have to pay for the balance of your contract...
Example: 1 year contract, work for 2 months than you have to compensate the company the balance of the 10 months.

for permanent staff (depending on the terms of employment)
Yes, the person may have to compensate the company for X no. of months for leaving immediately without notice.

Once you tender your resignation, the date of receipt shall be your effective date of notice.

i.e. 10th July 2009 (Tender and Receipt date) + X days notice.

Unless your boss gives you a waiver only than you can resign with a shorter notice period or total waiver of notice.

By the way read the disclaimer in page 1.

Well i have heard of ppl getting sacked due to poor performance, which i think its pretty reasonable, but in a case where you have a superior who terminates ppl because he/she has personal grudges is abit questionable.

Step 1
Talk to your (or a group) superior to resolve the matter amicably. Having a roundtable discussion together with HR (and/ or Management) as sort of mediation to cool the fire.

The reason being:
If a you keep quiet and no one complains, the management, HR and/or your superior will think everything is fine and dandy cause they will see your group as the trouble maker (which in fact could be...).

Step 2

If so unfortunate that nobody wants to hear you guys out or mediation fails...

Wait for termination letter, see what's the reason for termination is it performance, disciplinary issue, criminal (Wtf?) and so on.

I doubt your superior will be smart enough to put in the termination letter saying "... due to the fact i have a personal grudge with you, i don't see the point having you around. Therefore, i am terminating your employment. BB..."

Step 3

Is the reason reasonable?

1. try talking again to resolve the matter.

Talk to your (or a group) superior to resolve the matter amicably. Having a roundtable discussion together with HR (and/ or Management) as sort of mediation to cool the flood.

Step 4

If all things fail, start preparing your documents..

1. type your resume etc...
2. note all your worthy achievements with the company...
3. get your appraisal form/KPI if you have any...

If you have been meeting KPI's, your appraisal score has been fantastic, your superior always praise you, almost every major project got your involvement, you have been bring large chunks of commission and in a way you make money for the company or your work has been outstandingly efficient... prepare thiis list may come in handy to support your arguement. You can present this in Step 3 as well to convince the parties why you shouldnt be terminated.

Step 5

If no hope already everything also fail...

Than proceed to the labour dept get assistance there.

PROVIDED you have considered carefully why you want to resign...

Step 1
Read your contract see what it say, is there any bond or penalty for early termination? (if there is one prepare to fork out some $)

Step 2
tender resignation.

Your one month notice = resignation?

i think this question has been answered before...

SOS tomato

I don't see why do you need to answer any question even during an Exit Interview, well what you can do is keep quiet and waste her time or you can answer. (correct me if i am wrong)

I personally don't see anything wrong with it, no matter what you answer on that day... in the end you will still resign and they have no choice but to let u go. (correct me if i am wrong)

Exit interviews, I PERSONALLY think and i don't speak for anyone else but myself... I think is used to understand why staff leave the company, it is also a final ditch to try and retain good staff. Otherwise, why is HR wasting time to conduct an Exit interview unless of course its standard procedure.

well look on the bright side, at least it was not an evaluation on your KPI?

that said no matter how you did, regardless whether u gave the most perfect, honest answer, lied, cheat, conned, scammed the interviewer, the conclusion would be the same no matter how Fantastic or how outrageously your performed..

You will still get to resign, that all you wanted.

I have given u all the insane ideas (may not be accurate, complete, tested or tried) but you should use it to your advantage. Advise are free (probably even loaded with rubbish) but how u use it makes it priceless.

This post has been edited by aurora97: Aug 6 2009, 09:25 AM

My thoughts...

1. You will need to known how much it will cost u to break the contract (2 months salary penalty ?)
2. Once you know the amount, go to your New Emloyer and ask them to issue you a cheque to the company base on the amount you enquire from your ex-company.
3. submit cheque and your free!

Note:
1. I am doutful whether a ur new emplyer will give you cash.
2. you will need to show proof. (possible ask your ex company to produce you a letter telling you that if you breach the contract you will need to pay XXX amount. (but don't tell them ur looking for a new job elsewhere)...
3. Just saying ur leaving 24 hrs and how much do u need.

My thoughts are...

It doesnt really matter when you resign but...

a) make sure you plan your annual leave proper (see whether you can use your AL to off set notice period)

b) whether ur collecting your salary by cheque or direct debit.. difference? well certain companies whom issue cheque, may only pay out salary at the end of the month... say if you terminate 1st Jan 200X, u don't want to end up coming back to the office and collecting your cheque (salary) on the 31st of Jan 200x do you?

c) Claims, when is the cut off date, unless your generous to the company perhaps u may want to forgo... otherwise take note.

It depends on your contract really...

Most Employments contracts are recycled, if u notice (well if u have changed jobs more than once and converted into permanent staff that is) the contract is generally the same with the only exception ur salary/increment.

Notice period 2 months
Annual leave collected (assuming u have earned it) = 1 month i.e. 30 days (wow entitled 30 days, even my boss only gets 21 days )

u need to understand Annual leave is an entitlement similar to paid leave, so basically if you use ur AL to offset the notice period... u will still get ur full salary.

there will be no adjustments to your salary.

Correct ime if i am wrong.

Erm...looking at my own contract, u can tender 24 hrs notice but u end up paying the company X months salary for leaving prematurely dependi8ng on the notice period.

Example
Contract - 2 months notice

if u tender 24 hrs notice, u will have to pay a penalty equivalent the 2 months notice i.e. 2 months salary.

So u still have to refer back to your contract, see what it say about notice.

Let me get the facts right...

1. First of all you tendered your resignation.
2. You boss don't allow u to resign?
3. She say she wont pay your salary, if you resign?? (the portion highlighted in bold, u need to clarify)

------

Speak generally, anyone can resign from a job provided you complete your assignments for handover and meet the requisite notice period. On exceptional basis, say your job is very specialized and may take sometime to find another replacement; the company may hold on to your a bit longer (perhaps within a reasonable period)

The above should answer items 1 & 2

I suggest you read your contract for employement, line by line and word for word and understand its meaning first before approaching your boss again.

-------

For obvious reasons, when and if you resigned from your job and the boss refuses to accept your resignation. You should ask your boss why has he/she refused to accept your resignation and worse of all withhold your salary payment?

-------

You work so that you can live. There is no reason to be afraid.

Congrats, guess your probelsm solved.

My opinion,
thats a bit strange, annual leave are days u earned as if you have worked for those particular days. So what i think at least, you can use your Annual Leave either convert it into pay or use it to offset the remaining termination period.

You may want to:
1. refer to your contract see whether it says anything abt using of your annual leave.
2. if the company say you can only be paid 5 days AL the rest is forfeited, ask them to give you a copy of the relevant company policy.

To my knowledge at least:
1. Certain companies may give certain benefits in excess of what is provided in the EMployment act, example annual leave some ppl might get 8 days AL but others may get 30 AL...
2. the EA only sets a benchmark, the company may set it higher but in any case not lower than what the EA has stated. Example 0 AL.

Reference of interest:
section 60E (Annual Leave) Employment Act 1955



This post has been edited by aurora97: Oct 12 2009, 02:48 PM