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 Resignation Handbook, Revamp in progress 240614

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Belphegor
post Jan 3 2019, 11:01 AM

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QUOTE(Red John @ Jan 3 2019, 09:20 AM)
If I tender my resignation letter say on Jan and have to serve 2 months notice until march. Does medical benefit still covered during the notice period Feb and March?

Reason I ask is my wife is due in March so Im wondering whether I can claim for maternity benefits after I tender my resignation and in notice period.
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Once tender resignation, all benefits will be withdrawn unless those leaves were accumulated previously.

Say; you carry forward 5 days, you tender on January, you still can ultilize that 5 days + (x amount of AL per year/ 12). Maternity, sick leave usually not applicable for serving notice period.

This post has been edited by Belphegor: Jan 3 2019, 11:02 AM
Belphegor
post Jan 3 2019, 11:22 AM

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QUOTE(Red John @ Jan 3 2019, 11:05 AM)
Im quite clear with leaves. But not sure on medical benefits. Real bummer if cannot claim. Thought medical benefits still can claim until last date of employment.
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I'd say do check with your company HR department for clearer picture. From my previous experience, all my benefits was being forfeited when they accepted my resignation. But then again that's a chinaman company so you kind of expected it already. laugh.gif

This post has been edited by Belphegor: Jan 3 2019, 11:22 AM
Belphegor
post Feb 22 2019, 04:14 PM

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QUOTE(tehoice @ Feb 22 2019, 02:41 PM)
if your notice is 2 months and your new company wants to buy out 1 month of your notice,

in this case, how to write your resignation letter?
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Still follow your contract, but when you tender you can mention that the potential company is willing to buyout. Then HR will do their thing. No need to mention anything in letter.
Belphegor
post Mar 11 2019, 09:22 AM

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QUOTE(lolabunny123 @ Mar 9 2019, 03:35 PM)
Hi. Just received an offer pending acceptance. For the resignation clause it states that I should give three months notice or payment in lieu, subject to management's discretion.

I just want to clarify whether anyone here has come across this type of clause before? Normally it's either I serve three months notice or I pay in lieu off service right?

Well I managed to contact HR and she said that it depends on whether the management wants to release me early or not and the decision is "not" up to me whether I want to leave with short notice or serve my notice.

Seems pretty weird imo.
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If your future employer willing to buyout, the current company can consider either accept or reject the request as the handover might be tedious and insufficient time for them to take over your task. Some companies does practice that they don't accept buyout even the clause is there.
Belphegor
post Apr 9 2019, 11:08 AM

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QUOTE(starlight @ Apr 8 2019, 11:51 PM)
Can I ask. How should be the salary calculated if the last day working is 15 march 2019? It isn't half of the basic salary ?
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Not necessarily, depending on your company. Some calculated base on 26 days, some calculated on 24 days. Correct calculation should be;

(1 full month salary / total days [company's decision]) x total working days.
Belphegor
post Apr 19 2019, 09:42 AM

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QUOTE(whElectrical @ Apr 18 2019, 09:32 PM)
Letter of resignation should pass to HR right? or to the superiorr? ayam considering resign
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Hard copy 1 to your immediate superior, 1 to HR.
Belphegor
post Apr 19 2019, 11:33 AM

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QUOTE(albagmane @ Apr 19 2019, 10:51 AM)
guys, having a situation here, need some HR experts to give suggestion on this:

- a probationary staff is resigning before the confirmation commences
- company intends to confirm the staff but staff decides to resign before confirmation
- staff asking if annual leave encashment is included upon resignation
- company policy mentions only confirmed staff is entitled for annual leave
- staff insists on pro-rated annual leave encashment even to resign during probation period

based on Employment Act 1955, it didnt mention whether confirmed or probationary staff is entitled for annual leave.. so isit depend on company policy to decide on this matter?

so if the staff bring this to labour court to challenge, what will be the outcome?

appreciate if experts here can share their knowledge on this..  notworthy.gif
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Refer to the offer letter. It usually will mention how the leave entitlement will be available.

But for most cases, during probation all leaves taken is considered no pay leave. Only to be reimburse when you are a confirmed staff. I don't think the probationary staff will stand a chance to win the case.

Belphegor
post May 8 2019, 03:56 PM

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QUOTE(eehs @ May 4 2019, 07:51 PM)
hi guys, need your opinion here. I will be signing offer letter on 9 May, hence planning to resign on 9 May itself. Given current company required a month notice period, my last day should be 9 June.

My question is, since 9 June falls on weekend, will current company request me to extend my last day to 10 June?
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Try to renegotiate with your new employer to start a week later. If can't also nevermind cause your existing company will expect you work to the closest Friday if your last day falls on a weekend.
Belphegor
post May 19 2019, 11:05 AM

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QUOTE(shasit @ May 14 2019, 09:07 AM)
Morning, looking for your opinions.

I've submitted my resignation letter with one month notice on the 15/04/2019.

My ex boss refused to accept the letter and threw it away. I did keep a copy and filed it, and also made a copy of my own.

I continue to work for the one month and it ended last week. However, now the ex boss is still calling me to come into work. He even went so far as to say, he does not mind if I work for both companies as long as I did his work.

He has insisted he will never accept the resignation letter and that I am still legally his staff...

What am I to do? I have move on with my new job and yet he keeps calling non stop.
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There's no way an employer can "reject" one's resignation letter. You can ignore your boss's calling. Just wondering, when you send in your resignation letter, did you forward one to HR? Did HR proceed with the SOP? Was everything done in a proper manner?

QUOTE(QianYu @ May 16 2019, 07:11 PM)
Hi guys, I tendered my resignation with 1 month notice on 2/5/19. My last day should be on 1/6/19, but I have negative AL of 4 days, common practice is to deduct pay but can I choose to extend my notice period for another 4 days?
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Common practice is to deduct your pay. You can try to talk to your immediate superior, CC to your company HR. If your boss agree, then that shouldn't be an issue. Once your boss agree, I believe HR will do the rest and you need to follow up with them to ensure your pay did not get deducted.
Belphegor
post May 21 2019, 08:29 AM

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QUOTE(shasit @ May 21 2019, 07:27 AM)
I sent it in on the 15/04/2019 and worked for the next four week as I had to give one month notice.

HR recorded one and filed it but both copies (one to my boss and HR did not have his signature as he refused to sign it). I did my hand over multiple time as the person taking over kept insisting I did not do it correctly (even though he signed the hand over forms a few times)

All office items were passed back.

But he is still insisting that I come back to work and that I did not give notice as he did not agree to it. Plus he refuses to pay any of my claims or the last two weeks salary until I come back.
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Your ex-boss is being immature about it. No one can "reject" one's resignation application. There's no "correct" way to handover or tendering a resignation. You had done your part.

Btw, did you follow up with the HR personnel on the status? Was the claim amount big? Would like be able to forego the amount? hmm.gif
Belphegor
post May 21 2019, 09:55 AM

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QUOTE(shasit @ May 21 2019, 09:42 AM)
Phew... I'm just relieved to have moved out of that toxic place. There was too much of cheating / illegal stuff going on last year that I just needed to walk away.

There is no HR since I left. I did my filing properly tho before I left.

Around RM2k, but I am willing to forgo it. I do not want any drama / issues related to the old company.

However, he has not paid EPF for the entire company since Jan 2019. Worried that he might try to skip on paying mine since I left.
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By the way, you can opt to file a complaint to labor office to get your EPF payment and 2k claim. I was expecting the claim to be less than RM300, but RM2000 you must get back as that's quite a sum for you. Don't let go your money. Must try to get back!
Belphegor
post May 23 2019, 08:46 AM

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QUOTE(hustlerism @ May 21 2019, 05:38 PM)
Is it possible to tender resignation using email?

Or do I need to provide hard copy version to the manager?
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You will need to send your resignation letter through an email to your immediate superior and CC to your HR.

After that, send each of them a hard copy as well. This is to protect your ka-cheng from being backfired.

This post has been edited by Belphegor: May 23 2019, 08:46 AM
Belphegor
post May 23 2019, 02:53 PM

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QUOTE(shasit @ May 23 2019, 10:14 AM)
Do not want to pursue further.

He actually went to my house to complain.

I hand over everything already to the office. I just want to cut ties and move on.
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Is entirely up to you if you want to pursue, but the amount is quite a large sum thus I'd advice you to get your claims back. If you are fine with those claims being burned then is fine also.

QUOTE(hustlerism @ May 23 2019, 12:08 PM)
Whats ka-cheng btw?
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Ka-cheng is bekside. laugh.gif
Belphegor
post May 24 2019, 09:24 AM

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QUOTE(wayfeel @ May 23 2019, 04:58 PM)
Hi can i ask ,for confirmed sale staff of say ie. Basic rm2k, commission rm3k......2 months notice. But resign immediately without 2 months notice. Penalty is calculated as....

Basic x2mths ie rm4k or total salary rm3+rm3k=rm6k?

Tq ya
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Commission is not calculated in your basic. You only take basic and multiply by how many months of notice you need to serve.

In your case RM2000 (per month salary) x 2 months = RM4000
Belphegor
post Jul 18 2019, 09:08 AM

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QUOTE(rikimarumal @ Jul 16 2019, 11:35 PM)
*asking for a close relatives. 

hi guys, i've been working for 2 years with a shop as an assistant.
i've not given any offer letter nor any pay slip saying that i had worked in there.

few months back due to some issue i had resigned within 24 hours.

today i had receive a letter from the company request for compensation.

question:
1. does they had the right to claim as there are no formal contract signed (no offer letter signed)
2. they argue that since they had contribute epf, that's means that i had worked for them.

thank you for your input.
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Counter charge them for not providing offer letter for your relative to sign. Also, upon probation complete, did your relative sign/ receive any letter confirmation? If no then can use this way to argue that your relative thought he/she not a confirmed staff, thus can be leaving in shorter period.

But what's the reason your relative resign in such a short period? hmm.gif
Belphegor
post Jul 18 2019, 12:11 PM

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QUOTE(rikimarumal @ Jul 18 2019, 10:06 AM)
thanks for your feedback.

as per my relative statement, she's been threatened by the owner of the company, police report has been made.
and for the duration of work (2 years) she's has not been given any offer/confirmation letter to sign.

this is weird because after getting more information from her, actually the letter is from labor office requesting compensation from my relative....
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Then get your relative to go labor office to clarify on these no letter issue first. Labor office will advice what to do on her case.
Belphegor
post Sep 10 2019, 12:05 AM

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QUOTE(fylon @ Sep 9 2019, 03:29 PM)
Hi guys.. Need some advise regards on resignation.

1. My current company resignation period is 60 days, and my new job offer required me to join within 1 month means I will need to shorten my notice period from 60 days to 30 days. So per my offer letter and contract, I will need to pay salary in lieu in order to release myself.

So my question is: How much do I suppose to pay? Is it the total that I received (basis, fixed allowance and incentive) in 1 month without minus EPF and SOCSO?

2. My current company practice prorate annual leave calculation, and we can bring maximum 7 days to next year. So I have brought over 5 days from last year and I'm entitled 16 days this year whereby I've used 11 days in total this year (left 10 in total now).

So my question is: how do I calculate how much leave I left right now (might use for offset notice if HR allowed)?

Thanks in advance for admin / any reader that going to enlighten me.
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1. You required to pay basic as the salary in lieu. Fixed allowance and incentive are not included into the basic, thus not counted.

2. This need to check with HR. Some HR prefer you to pro-rate it, some will require you to work fully and to get reimbursement if your handover work could not complete. 11 days, 5 should be from 5 of previous year. You have 10 days all from this year. It will just deduct your notice period or get cash in lieu.
Belphegor
post Sep 10 2019, 04:31 PM

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QUOTE(fylon @ Sep 10 2019, 09:16 AM)
Got it!

As what I heard from my friend who worked as Senior HR Exec, if the word "wage" mentioned in the contract then it means salary + all the allowance else, salary means only the basis.

Just wonder, is this statement valid?
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This varies from company to company. From what I know, you only need to give your basic as salary in lieu as you will not be receiving the allowance and whatnot during your serving notice period.


Belphegor
post Oct 10 2019, 09:27 AM

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QUOTE(kollerss @ Sep 30 2019, 12:00 PM)
Hi guys,

Resigning in 3 days time, got all my letter ready and such,

i want to know is that who should i send the letter?, my head of department (whose in charge and should be the person i send the resignation letter to him) sayed

that i should send the letter directly to hr
should i now create 2 letters addressing to HR and my supervisor? aka Head of department

like ex. To HR(name) and 2nd letter TO supervisor(name)

or i should just send the softcopy to my supervisor and CC hr and pass the hardcopy to my supervisor as well?

some tips would be helpful
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For resignation, send it to your direct superior, CC to HR. There's no need to send to HOD if HOD is not your direct upline. Therethen give HR a printed copy for filing purpose.
Belphegor
post Dec 27 2019, 11:57 AM

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QUOTE(xpole @ Dec 26 2019, 09:47 PM)
Hi, I just want to ask, if I resign 24 hours, is it a good thing?

Let say if I can pay the notice period due to short notice resignation, does it affect my reputation in the industry I'm working currently?

Thanks
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Please follow according to your letter of offer. Whatever T&C you are not following, it can be used against you if the company decides to sue you.

If you can do pay in lieu, then should be fine but do check with your direct superior as handover might be tedious and they need time to find replacement.

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