hi all, I had tendered my regisnation letter and last day is 15th March. HR side already been noticed. I got one job they required me to start on the asap. So after nego and talke with them and agree to start work on the 8th. Meaning my last day for my current company will be on 7th.
I was told by my boss that I can't contra with my leave for the balance 6 working days and need to pay the money. So I am curious is that how much I need to pay, base on the working days or base on the remaining days include sat & sun. Then how about my balance leave?
Can someone provide me sample of early release after hand in resignation letter.
What things I need to ask my current comp before I leave? exp letter release? how about those income tax and epf things? Will my new company liase with my current company for those epf and income tax? or I need to settle my own.

Thank you

Dam*mit! have to re-tyE, accidentally closed thread without saving!

Disclaimer: NOT a HR person, all this is base on my experience.

Anyway i gist:-

1. Salary is paid in calander days.
2. Normally short notice, set-off of leave against notice period not allowed. Unless of course you have good r/ship with your management. Basically a management would want a proper handover of work.

3. Assumptions.
Normal termination:-
Tender - 1 January 2012
Notice Period (normaly) - 1 January 2012 to 31 Janaury 2012 (last day)
effective date - 1 Feb 2012.

4. Assumptions.
Short Notice Termination:-
Tender - 1 Jan
Last day - 7 Jan
Effective date - 8 Jan
Number of Days served - 7 days
Number of days not served - 24 days

RM (current salary) x 12 (number of months in a year) x (balance remaining notice period not served) / 365 = amount payable.

5. Things you need, when you leave:-
(a) a release letter would be prudent, in my case it was given to me without demand.
(b) EPF & Income Tax, normally your new company (w/o bothering your old company) will handle for you EXCEPT for EA form, you will need to bug your Ex-employer if they don't send it to you. This is to enable you to lapor your income to the TAX MAN. Of course you will need to provide them with details with respect to your EPF and Income Tax.

Hope the above explains.










Attached File(s)
 Early_Notice_Letter.doc ( 20.5k ) Number of downloads: 80

Informed by the interviewer I've selected for the job offer.
Would like to ask if their HR send me an confirmation email for the job offer to me, it's a valid procedure beside of getting employment letter before I've proof to tender if anything goes wrong?

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This post has been edited by zhe9727: Mar 14 2012, 09:57 PM

I have a situation here. For example -

My annual salary is stated in my employment contract as : RM13,000 payable in 12 monthly payments of RM1,000 per month and a 13th month bonus of RM1,000 payable in December.

If I resign, should the 13th month bonus be pro-rated back to me?

If yes, then I need to bring up a case. Who can I approach if HR doesn't care?

the 13th month bonus is ur 1month contractual bonus. once you resign b4 the bonus payout your are not entitle for it anymore.

That is why a lot of people only tender their resignation after getting their bonus in the year end.

Greetings,

Maybe here a good place to ask.
How to decline a job offer after signing the offer letter.?

I got another job offer which is better than previous offer. But the thing is, I already signed the offer letter and already go to medical checkup.
While waiting to my notice period to end which is 3 month, I went to another interview and luckily got accepted. The previous offer comes from
one of big local financial company.
What I need to do? any advice?

This post has been edited by joker_jr: Mar 15 2012, 11:42 AM

Why not like this, instead of having sleepless nights, why not sign the letter of offer first?

Thats what I did anyway, i rush my new company HR for the Letter of Offer than only tender resignation.

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Added on March 15, 2012, 1:15 pmsee below

Generally I agree with Aoumi, you might also want to look back into your employment contract as to how you will be entitled to the 13th month bonus.

If your contract states your entitled to the 13th month bonus in any case, than i don't see why your not entitled to a pro-rated bonus? (or if its a badly drafted contract and doesn't mentioned that it will be pro-rated may be you are even entitled to the full amount!)

Read & understand your contract, once you have a case than only you escalate.

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Added on March 15, 2012, 1:21 pmFrom a Legal Standpoint.

When you sign a Letter of Offer, it constitutes acceptance, with acceptance, it becomes a contract.

If you decide to bail on the company, does the company have a cause of action against you? answer is Yes.

BUT, generally most company's won't pursue a court action, perhaps because:-

(a) too petty;
(b) too costly; and
© they can't prove they suffer any loss or damage as a result of your departure (this case will be different if you are being paid and suddenly you decide to resign prematurely without giving notice); and

HOWEVER, one thing they can do is:

(a) blacklist you.

No one like getting stood-up and left in the rain without an umbrella, if you "think" it worth the risk by all means go ahead. It's your career choice/move.

My 2cents worth of advice, don't be fickle.




This post has been edited by aurora97: Mar 15 2012, 01:21 PM

Thanks for advice, really appreciate it.
The new offer comes with 40% more salary. Its hard to resist the temptation.

The interviewer told me their HR will send me the employment letter by next week if 'all goes well'.
Should I email/call them regarding the status or by next week?

I know the best way and the only way to secure it to wait their offer letter to be release to me.
Can't wait to tender it by now

Got reply from Labor dept, it says that my contract have contradicting statement - which is hard to decide which is right.

Excerpt from the reply :
1st statement : RM13,000 annual salary - meaning you will be entitled to earn RM13,000 a year
2nd statement : 12 monthly payment of RM1,000, and a 13th month bonus of RM1,000 payable in Dec - payment breakdown

Kesimpulan dari kenyataan di atas, anda dibayar RM13,000 setahun. Jikalau anda berhenti kerja pada bulan Mac, anda akan dibayar RM3,000 untuk 3 bulan. Tetapi ia tidak memenuhi syarat RM13,000 / 12 = RM1,083 sebulan. Sila dapatkan kenyataan dari pejabat anda.

My malay bad What does it mean?

1) contradicting statement/ ambiguity may cause the contract not enforcible

2) salary is not the same as bonus. To call the RM13k as salary per annum is contradicting to the 2nd statement that the RM1000 is bonus

3) From my experience, this 13th month "bonus" is in fact a weekly wages payment for 52 weeks that consist of 13months

4) If the 13th month bonus for weekly wages is established as fact, then termination before complete year of service does not entitle you to claim this RM1000 nor RM13k/12 pro rated salary

5) Now you need to go back to your office to obtain a statement on where the company stands on this issue.

Whether you receive that additional RM83/mth is subjected to your boss

Good luck

from what i read from the earlier post, minus off the leaves from the notice period is not allowed unless we have a good relationship with the manager/superior.

will the leaves be compensated by salary?

also if i wanted to tender my resignation letter, i better pass it to my immediate manager and also to HR manager right?

but the issue now is that my manager wont be in the office tomorrow. not sure about the HR manager also, and if the HR manager got the letter the notice period should commence from the date written in the letter right?

Yes.

If hr manager not in get stamp from second in charge.

if you intend to use leave to off-set your notice period, you need to inform your HR & Boss in advance. Note that your Boss can decline you from taking any leave or off setting your leave against notice period.

unless your boss allows you to convert leave into pay, you can consider all your leave burnt.

if you can wait, just wait until your boss come back before you tender (maybe he/she is coming back in one or two days time?). I personally feel its rude to tender without your boss having the opportunity to talk to you (normally such chats end up being awkward anyway).

in any case, if you choose the alternate route. Than may i suggest you call ahead instead, ask the officers in hr dept who deals with resignation than you serve your notice on that person. Most importantly of all, don't forget to get receipt of acknowledgment from the officer concerned.

This is important, becoz this determines when your notice period starts and end.

Seeking advise, how to calculate notice lay off?
for example:
Salary: RM 2000
Notice: 1 Month

I tender my resignation from 01/03/12 but i request early leave on 16/03/12, so the calculation izit something like below?

1) 1/3 - 15/3 = RM 2000/ 31 * 15= RM 967.74 (Salary entitled)
2) 16/3 - 31/03 = RM 2000/ 31 * 16 = RM 1032.26 (compensation)

so izit means i need to pay back RM 64.52 to the company?

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Added on March 21, 2012, 4:36 pmanother question, if a staff is bad performance during the probation, so the company decide not to confirm the staff & giving a month notice of termination, can the staff sue the company @ labour office?

Addition, should the company give the warning letter during the probation?

the staff was a BD manager with 6 months probation.

Seeking advise.

This post has been edited by Readable: Mar 21 2012, 04:36 PM

hi i need some advice.

I tendered my resignation with a month notice as required in my contract. BUT my GM wasn't happy with it as he says it was too short notice for him to get an replacement. He wanted me to work till he find a replacement or at least give him 2 month notice on good relation basis.
I wish i could stay for another 2 months but my new employer would not be able to wait that long.

Should i give another 2 weeks, total 1.5mth as good will? Coz my contract is clearly stated 1 month notice period.

is it better to find a new job before quitting, or just quit and have holiday for 2-3 months and find a new job? of course with sufficient savings, dont have heart to work anymore coz its not challenging..

Can I ask that, izzit ur company can hold ur resignation letter n dun let you go?

This post has been edited by jlshawn: Apr 16 2012, 10:33 PM

i really "hate" to talk to my direct superior. And, I have decided to resign. Can I just email her to inform her and then cc. HR my superior's superior? And, then place the letter on her table? I know it is rather awkward and unprofessional.