Hi All,

A question here...If the company does not allow you to use your leave balance to offset against notice, but they also not willing to pay you for the remaining leave. Is there really such a thing?

Yes.

Guys, should i show to my employer the letter offer from new company? They wanted to counter offer and request to see the letter offer.. I'm thinking against it, for me up to them how much they want to offer, not based on my new offer right?

from my opinion, there have some p&c inside the offer letter. Maybe u can just tell your employer the rounding % of new offer. Can mark up some if you wish to get a better offer.

Normally, for counter offer, you need to show proof/evidence of you being offered by another company at a better/higher perks/benefits. If companies just blindly believe your words, you might as well say give me 100% increase in salary or in other words double your salary now.

From what I know, you show the offer letter(scan it in the computer and blanko whatever P&C you think should not be shown and to be shown to your current employer. At least there is a proof.

My project has ended and officially being handed the retrenchment letter back in April and now i am based in HQ to do other task. During that time, they did ask me to sign the transfer letter but up until now i didn't sign the letter.
I do not wish to ask the HR as they might leak out the news to my boss.

So does it mean that i can leave any time without serving any notice?

Yes. You could just take it as your normal off day/rest day until your last day in that God forsaken workplace.

Regards, Joey

I have been in Company D for 1.5years.
On 18th of May, I accepted a job offer from Company G.
On 18th of May, I informally informed my manager that I accepted a new job offer and will leave the company in 2 month time ( 2 month notice as stipulated in contract).

I handed in my resignation letter 2 weeks later on 4th of June officially.
The reason why I only handed 2 weeks later was out of good faith to my manager as he was overseas for 2 weeks (1 week business trip + 1 week vacation).
It was also to allow him a full 2 months to find a replacement.

This didnt sit well with new Company G. But I was able to persuade them to wait an extra 2 weeks on top of 2 month notice.

Three weeks later (25th of June), many attempts to find a replacement failed miserably.
I sat in the interviews, i know.
25th of June, manager requested for me to perform duties out of my job scope that I have been reluctantly perform over the course of 1.5 years ( one of the main reason of my resignation).
Duties out of my job scope driving clients around KL and outstation.
Hence, on the 25th of June (after receiving my June salary), i informed that I wish to leave the company this 26th June after deducting my annual leave.
So instead of 2 month notice, i served one month notice.
Manager reluctantly accepted.

Contract stipulates that 2 month notice is required.
Contract isnt really a contract, its more of an employment & service regulation.
But does not mention anything about compensation to company if employee decides to leave early.
Contract also stipulates that non attendance for 2 consecutive days without reason is subject to dismissal.

Have i been wrong?

This post has been edited by magnifizio: Jun 25 2012, 09:41 PM

Hi,

I just received my June salary + 2nd half payment of the bonus today (26th June 2012).

Is it right for me to tender my resignation letter today?
Since the bonus is already paid out. Can they do anything?

It depends, if the company find a lawyer firm, and ask them to issue you letter to claim for the 1 month non-served period. It also depends how many AL days you have, since your official resignation notice period start from 4th June - 26th June. Not even one month (but not yet count AL).

Yes, tender today. Money already in your account, they can't do anything.

Hi All,

I tendered my resignation today. I have to serve one month notice period and I have got like 13 ALs to offset. Hence, meaning by mid July I'll be on leave already. However, my current company is very sticky is allowing to join my other company during that time. According to them, I have got to wait till the official 1 month completion. Can they enforce this?

And my future employer is willing to buy me out. So in that case, does that mean they would have to offset my ALs first, and the company then pays the remaining 2 weeks?

It your current company aware of the buy out?

If annual leave is not taken into consideration for the buy out, the new company may end up paying more... you might want to argue for your 13 AL days be included in ur notice period.

Annual leave offset is not automatic and is subjective to company policy, differs from one to another.

Buy out depends on your negotiation with your current employer. Then notify your new employer. Normally u pay first n reimbursed later.

yups, they forfeited all my AL- 7 days only able to use my Off In Lieu's.
The new company has to pay a large sum for a buy out coz its almost for 3 weeks equivalent amount of salary...

---

Added on July 2, 2012, 6:48 pmHad to tell them as they are very sticky about all the t&c...at first even before i could tell anything, I just asked when would my last day be and I was told regardless, I can only join a new company 1 month later, as during my ALs I am not supposed to work yet...

Then when i asked for an option for early release by utilizing all my ALs and Off In Lieu's, they said gotta pay back the balance. Informed them on the buyout, and they said in that case the new co. has to pay the full amount from the joining date till the end of the 1 month notice period...

This post has been edited by cutejams2004: Jul 2 2012, 06:48 PM

need some help here,

My last day is on 8th of June 2012,
entitlement annual leave balance till 8 Jun 2012 is 5.5days

i use my annual leave and left on 1st of June, because 3rd of June is sunday.

now, they pay me until 1st of June instead of 8 June. is there such a thing?

*EDIT

how can i make a complain to this company and make them in trouble if they don pay me???any website?

This post has been edited by LOOOOOOL: Jul 6 2012, 05:10 PM

Dude,

1) Did you put in your 5.5 days leave application for 2-8 June ?
2) Even if you put in, it is subject to management approval. Apply leave does not mean you can be away, it is still subject to approval.
3) If the company reject your AL application, you still have to work until 8-June. Later the company will pay you back the AL.

Assuming the above, the company can put you as AWOL, e.g. did not report to work for 3 consecutive days.

Even after you throw in your resignation, work is work, and employee have to be professional until the last day, no matter how bad is the employer.

yes i told my boss and applied leave for 5.5 days and my boss agreed on that. and our leave is approved by my manager. and it is company culture that we can apply leave a day b4. and we all did tat every time.. unless they purposely dn wan to pay me, else i cant think of any reason that they r not paying me lo~

This post has been edited by LOOOOOOL: Jul 6 2012, 05:37 PM

When you are an employee, normally Malaysian style, everything can. Verbal, etc.

The moment you throw in the towel, the barrier start to build up. This is natural in every organisation.

Verbal, kam-ching ... all tak boleh pakai already Must follow back rules.

Apply leave must fill up paper form and get boss signature.
Or send email and wait for reply.
Or fill up web/online leave application and wait.
Must have approval in either way.

It's very obvious the company want to 'play' you on that AL part. As I stated above, do you have any concrete proof that you applied for leave if you want to bring to court ?
On the other side, the company got proof that you did not turn up to work between 2-8 June.

Hi there,

Hope your guys can help me out here.

I've handed in my resignation on 28 June and I'm currently serving my 2 months notice period.

During this period, am I still considered "under employment"?

My contract stipulates that I am eligible for bonuses if the payment of the bonus is done when I am still under employment. The bonus payment and increment will happen on July.

Do I get the bonus and my yearly salary increment?

This post has been edited by Ya Rerd: Jul 12 2012, 03:26 AM

If I told u YES u will get ur bonus and increment, but your management is not paying u, would u go to tell them

"but Lowyat.net members said I will get it!"

Go check with ur boss or HR first. some company honour the bonus payment and some don't.

Resignation notice is your intention to leave the company. U r still under employment until u get ur release letter