Yup, you are right on that (new discovery for me as well):

Reference:
EMPLOYMENT ACT 1955 (REVISED 1981) ACT 265 FIRST SCHEDULE

states clearly anyone who earns less than Rm 1.5K is protected by the EA.

Exception:
If in your contract it specifically states that your contract is governed by the EA, than there is a possibility you can read the EA into your contract. If otherwise than consider it as freedom of contracting i guess i.e. what u signed away is what u have already agreed upon.

So to answer your question:
1. Read your employment contract
2. Read your employee handbook

This post has been edited by aurora97: Oct 12 2009, 02:49 PM

General Rule
Annual leave doesnt = Married Leave

Did some enquiries, apparently married leaves are specifically only for that particular event and applied as and when there is a marriage about to take place.

Exceptions?
Management waiver.

yes u have to pay the company the remaining number of days required according to your notice period (i.e. 4 weeks.)

This company is small. I got a very simple offer letter just with a date of commencement of work and starting salary. No other attachments, agreements etc. I have not signed a single contract officially.

thats quite suprising, nevertheless u should read the fine print.

i.e. Your employment is subject to the applicable law i.e. Employment Act (even though your salary exceeds RM 1500-00)

OR

By default since there are no other terms the applicable law will be choosen as default. (again Employment Act, even though your salary exceeds RM 1500-00)

the above i am not certain off... but technically if there is no mention of term like:
1. duration of your probation
2. termination
3. resignation...and so on.

TECHNICALLY - cross refer above items
1. Your probation period is infinite (continue to run until you are confirmed) until you are confirmed.
2. You can be terminated at any point in time.
3. 24 hours notice of resignation would suffice.

So i guess if i were to resigned by end of my last probation month, shudnt be a problem right?

Btw u didnt mentioned in your offer letter whether it has a probation period or otherwise, I AM literally thinking that your letter of offer includes ur commencement date and salary only.

My 2 cents you can resign any time you want, so long as you serve your notice on the company,.

#1 : Serious? Lol. I dont think my boss is that keen to keep me on probation for that long.
#2 : Hmm but it has to be on firm basis i suppose? ie unsatisfactory performance or multiple warnings.
#3 : But i understand that 1months notice is the standard rite?

#1 the longer you are kept under probation, the more you will lose out in terms of increment, annual leave entitlement and bonus because you are not a permanent staff. Further, if your probation is extended normally means a person is under-performing. The terms of a probation staff is different from a permanent staff, for example termination of employment.

#2 & #3 like you said, there is no terms whatsoever in your contract. Whats stopping your employer from creating the law?
example liek you said, you "understand" from the secretary you probation period is 3 months.

---

I suggest you clarify with your HR Dept (if there is one) the mysterious unwritten terms and procedures.

Don't want to get into a sticky situation later on.

but my point is there is no written statement handed to me to read or agree upon. So i dont know if i plan to resign (before end of the month), that giving two weeks notice and then my boss and supervisor comes up with excuse say "Oh standard notice is one month and we practise it always" when it is not even formally written and submitted to me for reading and agreeing.

Note:
Do it first day of the month after u have collected ur pay check the day be4

Tender ur notice first day of the working month, if ur boss say it is one month notice than u ask him back what written statement say one month notice?

Than you say you always thought it was 24 hours notice.

Generally companies without a proper guideline/SOP pertaining to HR issues will get into trouble with minor issues like this. If its not put in writing, they can't create/make their own LAWs out of thin air thereafter because it is not something that you have AGREED to in your contract for employment.

Plus the company is slightly short of manpower/staff. Previously we had 5 working staff. 2 technicians 1 sales and 1 IT and me. The IT guy left abt 2 weeks ago. So now im slightly taking over his place while still doing the technical side. If i leave i wonder if they will with hold my tender on grounds not enough staff and ask me to stay longer. The company also now seems like in the midst of getting ready to move out more projects. Im also worried if i tender now the wont allow me. They cant do that right coz no formal agreement at all? Otherwise i will ask Labour Office.


Why do you care, whether the company is short of man power because they are expanding?

Tender your notice first, they can't stop you from leaving the company.

--------------------------------------------

Note to Pinarello:
What do you need to do:
1. Make up your mind whether you want to resign or continue your employment!
2. Make sure you tender your resignation first.
3. Tender your resignation FIRST day of the month
(reason being, you can walk off 24 hrs. If the company is one of those bad a$$ companies, try to use slimmy tactics to keep staff by without paying staff their salary and making their life miserable)

If you ask me, anything is possible.

You mean you only serve 1.5 months (i.e. 45 days) rather than the whole 2 months (i.e. 60 days) of your notice?

Assuming you were suppose to serve 2 months notice but only served 1.5 months.

My 2 cents:
1. You end up paying the balance of the number of days remaining i.e. 15 days.

2. Your attempt will most likely be rejected.

3. If you leave without serving the proper notice period required i.e. 1.5 months instead of 2 months:
a) Your company can take action against you for breach of contract (if its worth their while); or
b) Withhold your salary, if its due to you; or
c) you get blacklisted by the company (embarrassing if your prospective employer calls up for reference).

Finally.
Best is get waiver from company.

Normally,

People would find a job, than tell their boss.

Why?
1. it shows your serious about leaving your job.
2. if you find a job that pays you 50% more, you can turn around and tell your boss "hey look i am 50% under-valued in my current job in terms of salary".

At least you can bring something to the negotiating table rather than firing blanks at your boss.

---

Hi all, is it fine to tell my boss that I'm leaving if I do not get my expected pay raise?

I've been direct to my boss all the while. Reason is to allow him to start preparing for backups and operations won't be impacted without me.

Well all i can say your honest, professional and ethical in carrying out your duties.

My thoughts n 2 cents:
1. how close are you with your boss?
2. does he normally keeps his promises?
Some companies have bosses good at manufacturing promises rather than keeping it.
3. is he a cheapskate?
Is your boss stingy, i have worked in a company that is willing to let go of senior staff and hiring a junior staff as replacement for cost reasons.
4. does your company have a high turnover rate (staff)?

To my knowledge, once u get a warning letter your not entitled to increment/bonus etc... and to some extent, this would be reflect consistently in your KPI (if applicable to you).

My thoughts/ 2 cents:
1. a person should be a given an opportunity to answer any issues arising in his/her employment;

2. as such a person would be given an opportunity to answer such issues before a panel (domestic enquiry?) or counseled by a qualified HR personnel;

3. finally, if all reasoning fails only than 1st/2nd/3rd warning letters are issued.

Unless of course an employee has been found to have committed some serious offence i.e. theft.

if i no sign it..they ask me get lost from this company...if i sign it..they easy to kick my out early???can some one adviece wat can i do?

I have to agree with you.

If you do sign the letter.
The implication is, if they choose to terminate your employment from the face of it looks pretty legitimate. Since you yourself sign off on the paper and technically agreed to all the statements contained in the warning letter. As such they don't have to pay you any compensation for immediate termination.

Example:
Normally depending on the notice period your required to give to your employer.

Say: your contract states that you are required to give 6 months notice, if your employer requires you to leave immediately. They need to compensate you with 6 months salary. This applies to the employee as well. (such terms may vary, this is just a benchmark)

If you don't sign the letter
Assuming:
1. they didn't go by the book;
2. they didn't give you an opportunity to reply; and
3. the "nature" of your so called offence is minor and does not warrant a warning letter.

Than i can safely say that you shouldn't sign off on that letter, you should:
1. ask for an explanation;
2. if the contents are untrue or malicious in nature, ask for an explanation;
3. if the contents are true to a certain extent, ask for opportunity to answer those allegations; and
4. finally try and negotiate with your employers not to issue you a warning letter (if possible).

To protect yourself, i suggest:
1. you put all correspondence in writting;
2. ask HR/Manager or whomever to put it in writing before corresponding with you (if otherwise i.e. verbal just ignore);
3. if in any doubt, put in writing.

Good luck.

It's a mistake when we confront our boss with this type of questions, even myself make such mistakes.

If i am in doubt, i just say i don't know and not too. Than say the only thing your sure of is you definitely want to resign.

Preferably not to be too honest when you resign, next time just say further studies or father want you to go back to do business or something.

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.

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.

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

Generally your statement is correct without a doubt.

Really depends on a-lot of factors, but the main one would be relationship.

You can roughly gouge your relationship with your boss to ascertain whether you can negotiate with your boss or otherwise.

If your relationship is excellent, most likely your boss will go all out for you.

If your relationship is in the midst of divorce, than most likely you will have a hell of a time.

If your boss is phantom of the opera than i guess yes, you should inform him of this (telephone/email).

When his in the office, than only to submit your letter of resignation to him.

---

However, if you want a faster alternative.

Inform your boss, than ask permission to submit your letter of resignation to HR directly. At least you don't have to wait forever?

---

If you want a super-fast alternative.

Submit directly to HR.

However, your boss will think you stabbed him from behind.

company is not going to pay you back, if you used ur annual leave to set off resignation notice period than its considered used.

say for example:
If on your effective date you still have 10 days annual leave remaining than only will the company pay you back.

yes u cant ask for a photocopy of it, but ask for it before you tender your resignation letter.

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.

---

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, 3:32 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

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.

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.

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?

To be honest, i don't think there's a law or reason or even a contract per se which prevents a person from tending his/her resignation. Reason being, we are not leaving in the 5th Century, whereby slavery is rampant.

Tender your resignation to your immediate superior, if he/she refuses, proceed to submit to HR. Make sure you get an acknowledgement of receipt from both your superior and HR.

To your last question... i think you will find ample resignation letters both on google/ lowyat forum itself.