Hi aurora97....

Past 2 weeks, my managing director had force me to put my resignation leter and by mutual understanding and also by current prevailling structure, the notice of resignation period must be in 3 months, so i'll decide to put 3 months notice as per required by the Company Policy..but according to what i'm understanding about the Act 1955, it suppose to both written notice for the resignation period (stated also the last day of service)...until now i still didn't get the letter...so the problem is..

1. Actually i dont want to resign coz i want the HR Manager do the investigation first why they want to fire me...
2. Can i assume that they don't accept my resignation coz until to date i didn't received yet my Acceptance of Resignation?
3. Can i take action on the date (according to my letter that stated my last day of service) as a my first day notice becoz after 3 month, i assume HR Manager failed to accept my resignation notice?? (after the HR manager asked me to relieve)
4. My human resource are lack of expertise on the Malaysian Employment Act 1955 so frankly i want to teach them something regarding LAW...huhuh
5. What i understand i had the right to get payment in-liue if they want me to early dismiss and that is the thing i want before i relive my position as HR Officer.
6. If i drag my problem to the Labour Office, do i had strong case about the force to resign situation??

thank you in advance and hope to hear from u soon...

I am absolutely frustrated.... I have submitted my resignation to my branch manager on the 15 May 2009. My last day if minus off the leave is on the 3 July 2009.

Till today he have not passed the letter to my admin to have them processed. I have asked my admin to take it from him immediately but he always brush off and said "ok ok i will find the letter... i misplaced". I mean WTF man........

I told my admin that i am leaving on the date and please get it from him ASAP..... Sigh.......why is it soooooooooo hard to just pass the f**king letter for processing?!!?!??!!?!!!

I wanted to pass the letter to admin / HR rather than to him. But i figured out of "respect" as he is a super duper f**king ego maniac so i passed it to him... and it was the norm for employees under his pants to pass letter to him for resignation...

What shall i do? Can i just leave when the time comes?



This post has been edited by 2fast2furious: Jun 4 2009, 10:10 AM

Can u juz resubmit another letter to ur admin for them to process..

Yea i did ask the admin / HR but was advised against it. Because it is his "nature" to hold back resignation letters by staffs until the last minute and he will usually call the staff in for discussion of the possibility of keeping them in the company again.....

But then i do not wish to hear such mambo jambo craps and just wanted to leave....

1st - I cannot stand his super ego attitude
2nd - I am having a much more better pay plus benefits in the upcoming company
3rd - I have been bearing with this for the past 4 years!!!!! I wanna go!!!!

Just to share my current situation with everyone here. I'm working in the IT Dept in a Banking Industry. I'm enrolled as a Contract staff for a period of 6 mths and i'm currently in my 4th month of employment. I've already submitted my resignation letter on the 23rd of May 2009 giving a 1 month notice period which is stated as a requirement in my contract should i need to resign. And in good will instead of placing my last day on the 20+ of June, i mentioned that i'll work till the end of the month.

Reasons for me resigning includes :

A) Me being treated as a Despensible Employee by my Immediete Boss despite all the effort and performance shown(notified and acknowledge by other Senior Employees)

B) The Companies entire IT Dept is all messed up,unorganized and not systematic at all. This meaning that no specialization, and everyone does everything at everytime.

C) Not secured. Due to no offer to convert into a permanent staff due to certain reasons mentioned by my boss.

D) Contradiction between Actions taken and words spoken by my immediate boss.

I might not have managed to secure another job yet(as i've read and acknowledge that its better to leave only if you've manage to secure another job offer) but i've already submitted my CV to other companies and manage to spoke to a few of them.

One thing that i can never understand with my boss is that , one minute he doesn't give a s**t if i leave, and another minute he's like so despo for me to stay.

But i've already made up my mind to leave and i'm sticking with it to the end despite the consequences. I never knew resigning from a job can be such a pain in the a$$.

Quote from my boss " If you wish to leave, go ahead i'll not stop you. But bear in mind that with what i pay you , i can just hire another you from elsewhere."

This post has been edited by shawn2k4: Jun 5 2009, 09:46 PM

Ermm.. contract staff is slightly different ball game...

you gave your reasons why you wanted to resign but not the terms and conditions of your contractual employment ...

for obvious reasons one can choose to resign at any time, the only problem is the part where you get penalized or serving out your notice period.

---

Added on June 15, 2009, 10:20 amif and when you do re-submit, well i suggest you to submit to both the Manager and HR dept. If possible get acknowledgement from at least one of them.

Another under handed tactic (whether it will work or not not sure but...), have a letter despatch to your own dept addressed to your manager and have the receptionist (or whomever) acknowledge the letter and let him/her receiptionist deliver to your boss.

No excuses for non-acceptance than.

You cant just walk away from your post even if you submitted your resignation letter, since you boss hasnt approve your resignation or informed the HR dept of your departure. (same as AWOL).

In any case, u got no proof that your boss has been constantly misplacing your notice unless of course your confirm in writing the following day. Than at least u can use it as proof.

---

Added on June 15, 2009, 10:45 amBefore i begin, though the Act may say one thing, whilst your employment contract may say another... it may be varied if there's mutual consent between the parties.

Speaking generally, the law doesnt intervene in matters that have been contracted unless its grossly unfair (even so courts will rarely intervene).

***

1. if you under investigation, than i don't see the reason any time during the period of investigation to "relieve" you from your position until such time the results of the investigation is out. the company can probably suspend but to the extent of sacking of a staff prior to the conclusion of an investigation... i doubt it.

2. verbal agreement between whomever does not equate to actual acceptance of resignation, not receive your resignation letter, sign and pen down your name that you accept the resignation and to the effect of its terms.


Past 2 weeks, my managing director had force me to put my resignation leter and by mutual understanding and also by current prevailling structure, the notice of resignation period must be in 3 months, so i'll decide to put 3 months notice as per required by the Company Policy
3.
so you've been force to hand in your resignation letter, at the same time its mutual? <--- confused here.

If you dont agree why in the first place you submit the resignatuion letter?!

- well i think personally, once u submit the resignation leter the time starts to run and after than you can probably consider your employment terminated even without an Acceptance of Resignation. (if you did receive one, you can probably without any problem request to be issued one - i dont think its a necessity since it came from MD that request you to resign)

5. That is if they dismiss you early, say your emplyed as a permanent staff... one morning MD decides to sack you on spot... than the company will have to compensate you i.e. 2 weeks pay or pro rate or whatever payment method you have agreed in your contract.

6. cant comment you just have to give it a try i guess?


This post has been edited by aurora97: Jun 15 2009, 10:45 AM

Hi guys, i would like to ask something.. if i would resign from my company and only give 1 week notice instead of 1 month as per our contract. Will i get sued? What if my new company offer to compensate for my loses am i still in danger of being sued?

Provided your "Old" Company is agreeable with the arrangements (i.e. accepting the compensation from your New Company), if otherwise they might be able to put up some road bloacks and force you to serve out your 1 month notice.

Well if the Old Company accepts your 1 week notice + the other "New" Company is willing to compensate your "Old" Company, you should be safe (the emphasis here is still, IF your "OLD" Company agrees).

In other words, you Old Company just can't be having both ends of the pie... either
1. they force u to stay a month longer; or
2. accept your 1 week notice & compensation in accordance wiht your contract.

URGENT!!NEED HELP!!!

I got a question, hope can get help and advice from here.

I have just signed my offer letter today and after one hour later, my dream job called me and said has offered me the job.

so is it possible I terminate the offer letter that i signed by just give a call to that company tomorrow?

thanks~

This post has been edited by QuietBelL: Jun 25 2009, 09:11 PM

its just letter of offer, just inform the company that u will not be taking up their offer.

How to resign, Under 2 years contract. 6 months more to go.

Want to resign because:

1. Being "silent transfer to KL" from KK. No "traveling stuff"mention in the offer letter.

2. Sent to KL for 3 months training with allowance (since probation). Now still at KL for more than a year. only come back once a while. After 1 year, they stop giving allowance even though i am still consider under training and work from KL.

3. they consider me as KL staff but no black n white, and my salary is still paid from KK.

4. I have problem if i stay too long in KL. I left my family in KK and i did not sign up for any transfer program to be here.

5. Something wrong with the project manager. I produce results and he present different result. something like "Make the result as i wish". Well you know, i don't want to lie.

Just want to ask a question: Can a company ask an employee to submit voluntary resignation? Is this legal provided the employee doesn't defame company's reputation or loss.

*The Rule of Thumb is*

If you have any doubts at all, refer back to your contract and see what it say.



Step 1
I suggest you to write to them first, to seek confirmation. since they are deploying underhand tactics i.e. ignoring your pleas or beating around the bush. Proceed to step 2, 2a, & 2b

Step 2


Step 2a


Step 2b


if your being transferred. Step 3
if your not being transferred, remainig issue is allowance. Step 4

Step 3


Step 4


Not transferred with allowance given (solved)
Transferred but no allowance (step 5)

Step 5






*****


Be4 u read my spoiler, get confirmation whether you have been transferred or otherwise.

Thank You for the guidance aurora97.

Here are the clause taken from my Job specification.
----------------------------------------------------------------
"You will report to the Managing Director of "Company(B)" Name of MD. You will devote your entire time, attention and energies to the business of Company(B) and shall not in any term of this agreement be engaged directly or indirectly in any other business activity whether of a similar nature or different from the business of Company(B) which is pursued for gain, profit or other pecuniary advantage.

You are expected to perform all duties which may be required of you in this role and set out in the job description. You must comply with all reasonable direction given to you and observe all the policies, procedure and rules of the Employer as may be introduced and/or amended from time to time.

The Employer operates a policy of job flexibility and employer may, at its discretion, require you to perform additional or other duties, whether skilled or unskilled, not within the scope of your normal duties and may at its discretion amend your job description at any time"
--------------------------------------------------------------

It mention about job description but there is no job description in offer letter. Only Job Specification.

how does the "amended" policy? does it need any signature? or just by saying it?

The job description can change at any time (like mine), its for internal use only i.e. to meassure KPI and other BS.

You need to look at the contract that you have sign from the very beginning with the company, what is stated there shall be what you have agreed upon. Any addition you that contract shall (normally) be mutually agreed upon.

Any addition that is outside that contract is irrelevant and not binding over u.

---

Added on July 2, 2009, 3:03 pmAssuming one fine day, the CEO walks into your room...

CEO: hey i got something to tell you..
A: yeah?
CEO: can u please ressign?
A: Why?
CEO: nothingla just want you to resign.
A:...

Verbally? - definate NO
Written - than again its no longer voluntary is it?

The meaning of voluntary is you freely leave the company i.e. u found a new job per se, so you tender your resignation.

***

If i had not done anything wrong, why should i resign unless of course the Company issues u a show cause letter... than if the evidence is sufficient and justified... well if given a voluntary resignation sound reasonable instead of being sacked.

***

Is this legal provided the employee doesn't defame company's reputation or loss.

What r u trying to say?

***

There's a few ways u can go.

1. Tender resignation - Voluntarily resign
2. No tender resignation = most likely sacked, retrenched and DEFINATELY not voluntary


This post has been edited by aurora97: Jul 2 2009, 03:03 PM

Thanks again.

From your comments on my job specification, there are non of them relevant to my contract?

If i get it right, they don't have right to sent me to KL without any official letter. Am i right?

since the job specification did not mention anything about transfer/traveling specifically, it is consider out of contract and not binding over me?

Can i say that there is a violations on the contract since they sent me here and stop paying my allowance?

From yourcomments on my job specification, there are non of them relevant to my contract?

Put it simply like this..

Your contract states you are employed as an account staff...

Generally speaking most contracts will require a person employed as an "Acccount staff" do anything related to account (even though not within ur scope sometimes)...

***
If i get it right, they don't have right to sent me to KL without any official letter. Am i right?

But for some reason, somewhere (not in your contract), it is stated that you have to do HR work as well... do you think it is actually the job you signed up for?

Simply put it in contractual terms, you were promised bread but given rocks instead?

Fair deal?

-----

If its not specifically mentioned in your "Official Letter" they can transfer you to the north pole than.. i would say "yes" you have a right to reject it. PROVIDED you ask them to confirm in writing that you are actually being transferred.

-----
My 2 cents

Well normally say if you have been moved (not in a sense transferred), i suppose a person should be reimbursed with allowance of sorts...
I suggest you demand:
1. it because its not fair to you, you have not agreed to any sort of relocation.. your stay in KL should be borne by the Company, cause its the company whom put you there in the first place.

Say for example:
X is sent for a road show in Johor from KL, obviously he's going to claim for all the expenses.

Your case:
it's like sending X on a one way ticket to Johor, than the Company tells X and say "hey look here we are going to stop paying u allowance, find ur own way back to KL."

2. You must continue demanding allowance (since they paid u in the first place), if u keep quiet and they keep quiet... the longer u delay, it is possible for the Company to take it your OK, that u can survive without the allowance.

********

since the job specification did not mention anything about transfer/traveling specifically, it is consider out of contract and not binding over me?

Your contract is one thing, the job specification is another.. don't mix the too together.

The Contract is one u have agreed.

The job specification is internal policy. (which u have not agreed to)

~ if ur contract does not state anything about transfer or travel, than i would say its not binding over u. Instead the company has breached ur contract.

*********

Can i say that there is a violations on the contract since they sent me here and stop paying my allowance?

I am guessing here.

NO, unless u can find a clause in your official letter that say.. u will be reimburse with allowance for any task that the Company may direct u to do from time to time.

it's clear now.

Its seem that they played politic since beginning. And I fell for it. Lol

Well, they don't actually have any good reason to stop paying my allowance.

It was during the bad financial crisis and I don't think that I can get a job if I resign that time. Its like they were saying "We stop allowance, or you resign".

Well, i am ready to resign now. I will follow your advice. Actually i already talk to my bos and waiting for an answer from him.

How if they don't want to listen to my demand? can i go to labor office?

whether or not u want to go to labour office, can't help u on that (depends on circumstances)... but what i have mention is to first protect yourself.

though i have not touched anything on labour office...

those are all your evidence... "Break Glass in case of Emergency"

everything must be on paper.

This post has been edited by aurora97: Jul 2 2009, 04:45 PM

Thank You so much aurora97.

i will follow your suggestion. It is not fair for me. Now i try to collect evidence as much as i can.

Ponsikou which mean thank you very much in my native language.