I never heard of this case. I believe the 20 AL will most likely be burnt. I would not pay for it if I am the new company.

What if you are the current company? Would you allow your staff to deduct the balance of annual leave and pay the balance of notification period or pay the balance of notification period and pay back the money of 20 days of annual leave to your staff? I know different company has different policy, just would like seek some info from you guys.

It depends on the rapport. If your friend is on good terms with the boss, notice period may even be waive (nobody needto pay in lieu of notice). If they want to be picky then it is by the book. Either way (the two cases that you mentioned) serve no advantage to the current company.

The employee has the rights to use his remaining available balance of AL if they would like to leave earlier.

Paying off would really only put 2 things in mind

1. either some other company believes the value of the employee to be really valuable
2. the employee is desperate to leave the current employer asap

As you have said - different companies have different policies.

i wan to ask,
resignation notice = 3 months
my annual leave left = 12 days out of 14 days
office day = 5 days/week
so how do i exchange my 12 days into the resignation notice period?

do i include it in the resignation letter? or i leave it until after 2 months before i fill in the leave form? what if my leave gets rejected by that time?

---

Added on August 10, 2010, 8:20 pmanother is is i looked in my offer letter, there it said:-

Contract Period : 24 months ( subject to review)
Termination notice : 3 months

1. so what does it mean by 'subject to review'
2. termination notice is 3 months from the date i give resign letter or 3 months after the contract period?


This post has been edited by woopypooky: Aug 10 2010, 08:20 PM

Hhhmmm ... these days it's abit rare to give a resignation notice of 3 months ... unless of course you're quite high in the ranking.

Well basically, your remaining 12 days AL can be calculated such as in example, you handed in your resignation 1st October, 3 months notice would mean your physical last day would be end of December but instead you have 12 days AL that have not been used, you can have your last day 19th December instead.

It's best you do not include in your resignation letter and have a 1 to 1 personal discussion with your manager of your intention to make use of your remaining 12 days AL.

Subject to review could mean that when your contract ends, it's not necessary they are to renew your contract. Could be perhaps they are required to review your performance?

3 months notice from the date you tender your resignation and make sure you have an acknowledgment from your manager or best just email it in to avoid and dispute.

People usually do not include Al in the resignation letter. As you already mentioned, this is taken up when you fill the form to apply leave. I seen people submit letter with leave form attached. Most peole dont do it in case they need to take EL.

got a question from workin newbie..

from what i see from the sample letter, the resignation date means the last day Im workin ther or the 2st day Im not working ther?

Resignation date is the last day of work base on the notice period required. The actual last day may be earlier when offset against AL accumulated.

Two ‘slave workers’ paid RM36,000 by factory

http://www.thestar.com.my/news/story.asp?f...4979&sec=nation

KUCHING: Two brothers, who were virtually slaves at a factory in Puchong in Selangor for 15 years, have been compensated.

Simon, 30, and Radin Bangan, 31, accepted RM36,000 in total compensation from their former employer after mediation by officers of the Labour Office in Subang Jaya last month.

“An amicable settlement was reached whereby the two brothers who were represented by a legal counsel, agreed to accept the offer of RM36,000 in total from their employer, a ‘pau’-making factory.

“The money was paid to them through their counsel and the case is closed,” said State Labour Department assistant director August Buma in a press statement yesterday.

He said the case was dealt with under the provisions of the Employment Act 1955 by the Selangor Labour Department.

Arising from this case, the State Labour Department advises locals working outside the state to first contact and consult officers of the department before accepting any job offers.

This is to enable the department to verify the authenticity of the job offer to prevent job seekers from being cheated by unscrupulous employment agents and recruiters.

The two brothers from Kampung Antayan, Kropok, an Iban village in Serian, had claimed they had laboured 12 hours daily, seven days a week without pay for 15 years.

They were promised a salary of RM2,000 each by an agent in Kuching but never got a single sen.

They were allowed to return home last February when they threatened to quit.

Aside from them, the brothers claimed there were also five other workers comprising two Bidayuhs from Sarawak and three Chinese from Perak, who were allegedly forced to work at the factory.

This post has been edited by aurora97: Aug 25 2010, 08:57 AM

Wait...

36000rms for 15 years of unpaid labor?!

The article does not precise if it's 36000 each or for both, but even if it's for each of them, that's 200rm for month unpaid.....

For 7/7 days, 12 hours a day?!

What the hell is that legal counselor?!

I would have sued the company to the ground and the owner would not have a single sen left...

Oh and let's not even go into the fact that the company used minors as workers (15 ago the 2 bros were 15 and 16...)

This post has been edited by Gormaz: Aug 25 2010, 09:13 AM

I am not to sure of Malaysia's plan on wealth distribution or every race having a fair share of the wealth pie, but indigeoneous people have a very high tendency of being exploited regardless whom the employers racial creed or colour is.

In any case, the purpose of the article, is to make every forumer realize their rights and possible relief if they were faced with employers whom are absolute ... . Unless they want to end up like the persons in this article.

i have a question here:

my resignation notice period: 3 mths.

i've been informed by the HR that if i'm gonna put a 24 hrs. notice, i have to pay to the company equivalent to my 3 mths. salary.

where else, i've been told that i only need to pay for 1 mth. salary only if i'm gonna submit my 24 hrs. notice.

which one is true?

Both are rumours, so naturally untrue.

Depends on your letter of offer, if your letter of offer says 3months notice or 3 months salary in lieu of notice, than that would mean if you tender 24 hours notice, you will have to pay 3 months equivalent of salary.

Hi all, I got a question...

I pay in lieu of notice to leave my current firm... my new employer promised to bare the cost...

the problem is I have to pay the cost 1st then claim back from the company later, is that possible there is a statement in my employment letter stated that company will bare the cost?

I havent seen my employment letter yet, i think better to have such statement in the employment letter.

What is the standard procedure for my situation ?

Insist on getting a black and white agreement. It is not a standard procedure to be taken but it is necessary for you to cover your end if things get ugly in the end of the day.

Regards, Joey

Thanks for your advice, do u or your fren have this kind of experience ? I curious to know what is the standard practice.

I don't see why or how come you actually have to bare the cost to pay in lieu . If your new employer wants you so badly to join them, they should have given you the offer letter asap and THEY should be baring the cost - not you.

Last time yes, my ex-employer (X) wanted me to bare the cost so I may join their company asap due to a certain project urgency.

I insisted that I sign the offer letter / letter of employment FIRST and then perhaps they can re-think of 'buying' me out from the other company (Y).

In the end, (X) re thought about it and couldn't bear the cost of buying me out. They had to wait until I serve my notice with (Y).

Always be on the safe side. No one looks out for you except yourself.

hi everyone, i hope u guys with full of experiences can help me on this matter.i'm a fresh graduate. currently i'm working at a law firm, the probationary period is 3 months. but i juz worked ad 3weeks.

salary rm700.
i'm not happy with the working environment. i have plan to leave due to i need not only do the task given i have to do cleaning such as mopping floor, washing toilet,vacumm and etc. but i have signed a agreement letter. so the agreement stated need 1 month of notice for termination. can i just go off without any letter or notice. i scare they will take legal action on me. pls help.

IF your looking only for experience, make sure you also read your letter of offer before you pen down your name. I believe this will also serve as a lesson for you, read and understand the terms contained in your letter of offer.

its only probationary, all you need to do is tender 1 month's notice.

if you should leave prematurely say 24 hours notice, depending on ur contract you will probably end up paying your employer 3 months salary in lieu of your leave.

in any case, you are protected under the Employment Act 1955, i will have to check and see whether there are any legitimate arguments you can raise against your employer.

Furthermore, is your employer paying your EPF and SOCSO?

I think it is more likely they are paying you with an allowance of sorts rather than a fixed salary, by the way whats the name of the law firm, if you dont mind sharing?