Thanks.
Now I have another problem.
I need to go to Singapore on Thursday.
Hopefully he will understand that I really have to quit now and
not think that Im making up excuses.

If you talk with a sincere heart he will know you are not making up stories.

hi,
i work at a private company for almost 9month.
my offer letter stated that probation for 3month subject to confirmation depend on performance.
but after 9month still no extended letter offer.
from my first letter offer, clearly stated that i only need to give 24hour notice for resignation.
the problem is the company stated that i already a confrim staff and unwilling to pay my salary for the last month after i give a 24hour notice.
do i have a case?
can i report to "jabatan buruh"?
what is the procedure? any fee charge?

Jeff,
You dont have a case. You are deemed a confirm staff since there is no letter to extend your probation.

My friend have a case with his company that the HR kept threaten verbally that even if he go industrial court he also don't scare. The HR also say will fight in court until my friend bankrupt using lawyer money because the company is rich. Also threaten my friend by saying he know the law a lot & know his family background, so asking him no point fighting the company. But the HR is very smart, because only say all this verbally & no emails or memo issued as black & white.

The HR is also very sensitive & negative about anything done wrong. Also occasionally the HR hold his claims for even slightest mistake. Traveling mileage also will cut if report not completed or some forms not submitted. In addition, come late 1 minute will deduct salary. Even if my friend saying the truth & fact about improving department will be scolded.

My friend can resign but he feel it is not worth just giving in just like that. Hope some experts can help out here.

This post has been edited by ben83: Apr 15 2011, 04:46 PM

I have no idea what you are talking about. Please improve on your writing.

Whether you have a case or not is arguable, but get your house in order first is the most important step in building the foundations to your case.

Steps
(a) tender your resignation first (have you done this? If you have yet to do this go ahead and tender, they can say all the rubbish they want to say), this is the most important step.

(b) at stage (b), they should be making some noise, saying that you are already a confirmed staff etc..., in any case, write to them formally and enquire as to when you were ACTUALLY confirmed and to produce a Confirmation Letter.

© now the crux of the matter in (b) is actually the confirmation letter, regardless when the Company date it (backdate/forward dating), i think you have a fair chance of arguing you weren't informed or you didn't sign off on such letter. In any case you resignation letter had come before your confirmation letter (thats why step (a) is also important).

(d) finally you should ask why the company is withholding your money since you were rightfully entitled to leave. You will need justification to back yourself up, it is no use relying on verbal advise given by the company. So what do you do?

(i) ask the company to write to your formally, why did they withheld your salary (although verbal reasoning would have stated the obvious, this is to prevent the company from changing their story later on)

(e) once you have all your documents, proceed to lodge your complaint with labour dept.

Why step (a) to (e), many a times Complainants would proceed to lodge report with labour dept without having proper documentation. Your relationship with your company would probably be SO BAD and knowing that you had lodge a complaint against them in labour dept, documents requested by you would either be "missing" or the respective officer won't even entertain any of your request.

Do it rght the 1st time.

i don't really agree with your statement, normally companies will issue a confirmation letter to state a staff is confirmed. Besides the only other reasons why a company would not confirm a staff for an extended period (i.e. in excess of the 3 months probation) is probably because:-

a) oversight by staff (unlikely since its 9 mths already, more likely to be deliberate);
b) cost factor, generally speaking probationary staff are cheaper than confirmed staff (insurance/bonus/claims/privileges); or
c) doubts over the persons performance and may require a longer duration of observation; or
d) company is taking advantage.

It works both ways, really when a staff want to resign, the company will say hey look your a confirmed staff without a hint of being informed he/she was one in the first place. Also note, a company could easily turn around a say your fired, please don't come to work tomorrow.

I would say its more arguable than a death sentence or a one way trip to hell.

---

Added on April 15, 2011, 4:02 pmPut it like this, this is the internet right, i don't know who you are and i don't even know what you are saying to me is actually true/false.

Get the point?

Your friend is literally fighting the system, which is practically pointless and to offend HR folks is practically hell on earth. Be it claims, annual leave or even a simple request would be quite an effort.

The one easiest way is to be able to trigger him to say the same threats that he made and to capture it on voice recording (or video even better).

If you can do this, i believe your friend will be home free.

This post has been edited by aurora97: Apr 15 2011, 04:04 PM

Aurora,
I dont need to prove my points with argument. Let Jeff take up the case with the a labour courts an we will know.

I edited, so can understand now? Thank you

agreed with your quote. more likely to be a guinea pig or a lab rat if you ask me.

Anyway Jeff, do let us know the outcome.

Unfortunately, we don't have too many members who have actually posted the outcome of their dispute in labour courts. It would be great reference and precedence for everyone to proceed with.

Hi all,

Would like to seek some advice / opinion

My employment agreement states that

"After confirmation of your employment, this appointment is terminable by three (3) months' notice in writing or salary-in-lieu thereof, by either the Company or by the Employee without any reason being assigned for such termination."

Given the above, if I resign from my position, can the company still refuse to the payment / salary-in-lieu and insist on the 3 months notice? Would there be a case where I am ready to compensate the salary-in-lieu, but the company refuses it? If that happens, what are my options? Can my manager or HR force me to serve the 3 months notice even if the contract states I have the salary-in-lieu option?

Hope to hear from you.

Thanks,

Rob

Hi,
i have a very hard situation.
my boss really like me and refuse to let me go
but i really want to resign because the job my boss give me
is not really what i want.She say A when interview But give a 'Z" , far from my expectation when work with her!

so how to make a good reason so boss also can let me go easily?

thanks to suggestion who has been situation like me

Then take it from me. I was in that situation before.
Tell the truth. Tell your boss you want to do Z and do not mind doing A. When come year end assessment you can nego better increment.

As of stipulated, it's a nay. For your own sake, ask for clarification. That's all that is to it.

Dilly dally shilly shally leads to nowhere.

Regards, Joey

This post has been edited by Joey Christensen: Apr 19 2011, 02:05 PM

How do you know you boss really like you? Do you like your boss?

How long you have worked in the company and now pondering to leave?

Just tell your boss the truth that you would want to find a job to do "A" because that is what you had decided when you joined this company.

Upon reaching towards end of probation period, should an employee decided not to continue working beyond the period, will it be like a resignation letter ?

Example : Mr. A just started to work, given a 3 months probation, as written in offer letter. Upon dissatisfaction towards Mr. A performance, employer decided to extend the probation to an additional 3 months, letter given. So any contractual matters, Mr. A can still refer himself as under probation right ? With all the benefits, leaves and termination period.

All the tidbits will be remained as it was unless it was written otherwise. Yes, the probationary tag is still there.

Regards, Joey

how to defeat the nervousness and get courage to tender resignation?

i prepared evthing including the resignation letter.. just did not formally inform my superior and hand up..

hmm.. 2 months notice and i started to dislike my job but still have to bear for 2 more months..

Learning how to be confident is not the scope of this thread. There are many material available on how to build confidence. Perhaps you can tell the thread what makes you so nervous.

Probation ends until end of month with termination period of 24 hours notice. I wish to end my contract up to probation period. Should I inform and give formal letter earlier, or just follow what's written ? My concern is the salary, where should I wait for it first ? Because I'm afraid that tender resignation earlier, salary will not be given.