He is only signed one contract that stated he will be working under 1 Year contract period, but after the period is over that is last year, he didn't signed any contract extension form.

Is he still bound to any contract or just working as service provider?

Well technically there is probably a service provider relationship at most, company dont even need to pay epf/socso

good question.

Contract:

1. If its expressly stated that your contract will be valid for one year.
2. Can safely assume that your employment and the terms and conditions applicable to the employment will expire upon the anniversary of contract.

My 2 cents:
1. Not bound by contract.
2. Service Provider/Freelancer?

My suggestion:
1. Get an extension immediately or quit the company.

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Added on June 11, 2010, 3:32 amFor termination, whether your permanent or temporary basis its irrelevant. What's important is your letter of offer/employment, depending on the terms contained. I suggest you check carefully the notice period required of you cause from the way you put it, you sound kind of blur.

Assuming 1 month notice.

Tender notice 31st December 2009,
last day of work is 31st January 2010,
effective 1st February 2010

*ignoring all the weekdays/holiday/ strange practices.

If you decide to tender 24 hours notice, than most likely you will have to pay the company 1 month salary in default of your notice period.

Example:

You earn RM 1K
than you pay the company RM 1 K for tendering 24 hours notice.

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Added on June 11, 2010, 3:32 amFor termination, whether your permanent or temporary basis its irrelevant. What's important is your letter of offer/employment, depending on the terms contained. I suggest you check carefully the notice period required of you cause from the way you put it, you sound kind of blur.

Assuming 1 month notice.

Tender notice 31st December 2009,
last day of work is 31st January 2010,
effective 1st February 2010

*ignoring all the weekdays/holiday/ strange practices.

If you decide to tender 24 hours notice, than most likely you will have to pay the company 1 month salary in default of your notice period.

Example:

You earn RM 1K
than you pay the company RM 1 K for tendering 24 hours notice.

---

Added on June 11, 2010, 3:45 amReading literally the clause "the annual leave can be use after 1 year period of service" means:

You can only use your annual leave after one year of service with the company???

Say for example you work from 1st Jan 2010 to 31st December 2010, you only use your annual leave on 1st Jan 2011???

I suggest you...
Ask HR, whether you have earned any leave or not or whether your entitled to any?

If you have earned leave but not planning to offset your annual leave with your notice period, instead you opt to convert your annual leave into cash than its best you speak to HR or your boss to see if its possible. Otherwise, the 6 days earned leave as you have mentioned will be burnt.

Normally... its not possible (annual leave convert to cash), than again no harm trying?

This post has been edited by aurora97: Jun 11 2010, 03:45 AM

Hi,
Jest 1 2 clearify below cases :
a) I need give 1 month notice
b) I tender on Jul 1, last day Jul 31
c) Then I got 15days holi and use up to knock off
d) So, is it my last day in company is Jul 15?
e) Can I start work in new company by Jul 16?

thanks.

if u want to use ur earned leave to set off your notice period, i suggest you submit ur leave form first before you tender resignation. Otherwise, the company might not allow u to use your earn leave to offset ur resignation period;

and also it also depends whether ur boss allows u to do it or not.

if everyone ok, than everything should happen according to (a) - (e) as mentioned above.

hi i just got a few things to clarify to all the HR expert here. Say if i tender my resignation with 1 month notice. Am i still eligible for paternity leave and the medical benefits during the 1 month notice period?

Hi, am in a pinch right now.

I was on a 6 month contract (my so called probation period), and it ends on 30/6/2010. However, just this morning, my supervisor told me that instead of confirming me, they're going to further my contract for another 2 months.

Due to various reasons, I don't intend to continue the contract.

The T&C in my current contract states that I am to give a 2 weeks (14 days) notice when I tender my resignation. But if I were to tender tomorrow, I only have 1 more week until my contract ends.

Am I supposed to hand in my letter, or can I just let my contract expire?

Ur case same as mine before. I still handover notice. this is just to notify ur employer that u dont want to continue. if u let ur contract expire also can. But ur supervisor will thought that u will continue the contract.

I see... So if I put the date of my last day same as my contract last day, it's ok?

As a formality you should tender your resignation in accordance with your contract rather than to leave it to chance (i.e. contract expires), probably will save you a lot of hassle later on. For example: your employer thinks that you accept their offer to continue for another 2months.

You can do that.

or just say...

As per my contract dated xx, i hereby tender my resignation letter in accordance with the terms and conditions of the contract.

Ok, that clears up alot of things. Thanks, really appreciated your help.

hi thanks n sorry for late reply...
but i think once i submit my leave (online), my boss already kno!! haha...

anyway, regarding my resignation letter (base on my scenario), ok for me to put like dis :

I wish to inform the management that I would like to tender my resignation....
I hereby give one (1) month notice with effect from 1st July 2010.

My last working day will be on 11th July 2010 which I shall use my annual leave in
lieu of notice of termination from 12th~31th July 2010.


thanks.

Hi I nid some info from Hr expert:

Situation:

Let say he got an offer which require to start work on 12 July,question is can he dun serve the 2 weeks notice period if he quit end of this month (30th)?? coz he quit end of this month the company pay for him this month salary no need pay for the next month 2 weeks salary good for company good for him also??

Not only the company won't pay you the 2 weeks, but you need to pay the company for that 2 weeks.

I'm working as a teacher in a kindergarten, after 4 years, due to some reason, I've decided to leave.

I've already summit-ed my one-month notice (month ago) and today should be the last day of that one month (30 June).
However, my boss still assign many tasks for me and said If I can't finish it, I might need to go there and work for her on the following days (tomorrow, 1 July and so on).

My question is, are she having the right to do so since I'm not her employees anymore? Also, she is keeping my remaining EPF and salary, I afraid that I can't even get it without the job done.

This post has been edited by Neo_Y: Jun 30 2010, 07:41 PM

guys, ny ideas? my timing is running up!! hahaha..

"1 month notice as per the employment contract" would be better.

Also, are you sure you have 20 days leave? Some companies will prorate since you are not serving the full year.

yupp...more den dat, coz i can carry fwd my last year+last 2 year leave...
sure, 1 month notice, but 3 weeks on AL..haha..

ok...best of luck 2 me!!!

thanks.

hi..wanna know if let say i tender my letter on 15th July, is it the company got power to postpone the date to accept my resign letter on month end only?

That's odd...

You can start by asking them, why can't i tender my notice on the 15th of July?

if it's some rubbish reason like:
1. feng suila;
2. i need someone to do my work for me; or
3. cause difficult to calculate, need to round up figure.

Than it quite obvious its not a good reason.

Secondly, your contract in your employment letter i am quite sure doesn't say anywhere that the company can postpone your notice period.

Normally, it just say if you want to resign, your contract will say you have to tender X month's notice.

I strongly suggest try and talk to your bosses (manager or whomever), if you really need to tender notice on 15th.

If your boss is damn LCLY and talking to him/her is like talking to 10 ft of reinforced concrete.

Than you should tender your resignation direct to HR. Ask the Head of Department to acknowledge receipt. Indirectly, this is like screwing your boss from behind. Than again who can hold you back from resigning?