when they are ready, talk & nego for an exit. going to court is a lost lost.

usually employer / employee lost?

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This post has been edited by sivapc: Jul 26 2019, 12:01 PM

A question;

I'll put it in a scenario.

Person X has signed a contract binding him to provide 2months notice for resignation. However, right after he tendered, he did not come to office & notify the employer for more than 48hours.

Question is; do he still need to come back to work to serve the contract (which is 2months) or is he indeed being terminated by the company?

Dear all,

Would need to ask some stuffs regarding HR/Labour Law. Some background of the situation first. I joined Company A in Jan 2011 and after they insist to buy me out from my previous employment as they urgently need me to join. After both of the companies agreed on the buyout amount, I proceeded to sign the letter of offer. There was no documents signed/shared with me stating that I will be bonded or I need to pay back the buyout amount if I resigned and there was no such verbal communication informing that as well.

Well, 4 months into the job and I resigned as well as served the notice period stated in the offer letter and proceed to do the necessary handover. My last day was in early May. However until today June 13, 2011 (more than 1 month), I have not received my salary into my account and I got news from my ex-colleague in Company A that the HR department would want to claim the buyout amount from me and they are claiming I am bonded. Reason stated - Its Company A new HR policy. Now I find this really ridiculous as the HR policy was not shared with me or any of my colleagues at any time and it was not acknowledged by me since it wasn't shared. Not only that, does this means that the company can just change the policy at any time without informing the staff and then suddenly say "Oh due to this you are bonded although you didn't sign any documents"? Doesn't make sense right? Furthermore if there are any changes, they still need to get the staff to acknowledge it right, especially on such important matters.

So the 2 key questions now are:-

1. Can the company hold back my salary when I have already given the necessary notice period and done all the handover documents (which was signed by my superior and the person which I handover to)? Is there a time period whereby they need to pay out the salary?

2. Can they claim that I am bonded and I would need to pay back the buyout amount?

Do give me your honest feedback. Cheers!

This post has been edited by nishoba: Jun 13 2011, 11:12 AM

I need you guys help here;

If the employer don't require the notice they need when the employee resigns, should they pay you the salary in lieu instead?

OK a simple question...

once i receive a signed scanned offer letter from the company through email... does the company binded to the offer letter eventhough i still not sign it and only gives verbal agreement.


in short.. can they take back the offer?

Hi folks,

I would like to know if i tender my resignation notice for 1 month while my employment contract is 3 months notice.

And i willing to pay another 2 month of my salary but my boss doesn't want me to pay but instead serve for the company for 3 months. I have to report to new company in one month time.

Can my boss do that by the laws or is there any possible arrangement that will benefit me and the company as well regarding my my one month notice.

Refer to your appointment letter under section "termination of service". Normally for short notice, you will need to pay-in-lieu. For your case, you may need to pay 2 month salary to your company if you need to leave 2 months earlier

Thank you for the clarification. As i said before, i willing to pay addition 2 months salary but my boss refused to accept the payment. He needs me to serve for total of 3 months. How can i 'escape' from this situation, i am considered high value staff in the company but, i had better offer and i intend to move forward and not staying longer in the company. Had talks with boss but wont work.

Sorry, all the above only based on my own experience. it is better you check on the terms in your termination section. The easierst way is to ask your HR directly, the HR knows the labour law well, should be

Hi All,

Need your professional advices. I have a problem here, please read the statement below to under my employment letter:

"Your are entitled to a one-time re-location adn sign-on bonus of xxx Amount, 1.5 months bonus. This payment carries with it an obligation to remain in employment with Company ABC for minimum 1.5 years or 18 months. Should you resign before end of 1.5 years, you will be required to pay the company a proportionate amount for every month of uncompleted service."

Assume that xxx Amount = RM18000 for easy calculation.

Now I want to resign(work for 10 months), what i understand for the above statement is I need to pay:
(18 - 10) / 18 X RM18000 = RM8000 to pay back the company. Am I right? But my boss told me that I need to pay 8 months X my salary to the company, is this make sense? And this is unfair to employee which I only be given 1.5 months bonus but I may need to pay 18 month salary to the company if i want to resign on the first working day!

Appreciate for your fast reply, thanks.

Regards,
WorkWithIdiotsCanKill

This post has been edited by idiotkill: Jun 29 2011, 08:24 PM

@idiotkill: ur boss know how to read? If he want to argue then drag him to court. At the meantime, work on ur documentation. Send ur resignation letter, the balance 8mths pro rated relocation payment as per contract n get the acknowledge receipt on ur resignation letter and cheque. Go talk to a lawyer.

@stanum: stubborn boss. Get ur resignation letter n 2months pay cheque acknowledged receipt by hr. Work out ur last day after deduct pro rated annual leave. Settle ur tp3 form etc n inform ur boss the last day in friendly manner. Tell him u dun wan burn the bridge n may cooperate in future. After u serve till last day bid farewell. Go lunch or something.
If he like u so much is there a counter offer?

Thanks furryfluffy, so i only need to pay rm8000 based on the sample calculation above, right? It really give me a shock when i heard need to pay 8 months salary

from the statement u wrote, yes, that's how i interpret it. Bosses like to interpret their own way. If, u have successfully leave the company, he will scold the hr n revise the contract for the next newcomer. Lol happened to me once.

hopefully i can leave in peace

Just wondering if employment contract is due to expire & the employee would not like to renew their contract, does the 3 months notice still apply or can the employee just state that due to xxx they would not like to have their contracts renewed?

If your contract, let's say expire on 30 July 2011, your last day will be 30 July 2011. You only need to serve the notice period if the remaining working days in your contract > the notice period

But read every single line carefully, one of our fren here said that the boss ask him to pay 8 months salary because he want to leave before end of the contract

This post has been edited by imyourlimbeh: Jul 15 2011, 11:29 AM

Just wondering is it normal for a country to set the max wage the act protects?

This post has been edited by burningbun: Jul 15 2011, 12:03 PM

Guys, how to deal victimization during notice period? Can action be taken from the employee side?