well we are in the same puddle of mud, just trying the best i can to help out.

Take Care & Gd luck!

"You are fired!"

let say I give resign letter on 15 jan:

1. Can they reject?
2. Do I have to work 30 days from 15 jan. Because if I leave after 15 feb and salary check is out end of month. It will be hassle to collect the check.

In your experience, is it better to resign on first day of the month or other day?

This post has been edited by IEE: Jul 3 2009, 06:05 PM

I joined a company last month (June). I am not yet a permanent staff there. From the employment letter, I need to give 2 months notice even I am not a permanent staff. So, if I want to resign this month (July) due to some circumstances, do I really need to give 2 months notice? I was told that according to the Labour Laws in Malaysia, we can resign any time without giving any notice to a company if we are not permanent employees yet.

Thank goodness the Donald isn't in Malaysia..

In future, please refrain from putting such comments in this thread. It's a discussion thread not kopitiam.

Assuming
1. one month notice required.

Conclusion?
Regardless whether you tender notice on the 1st of Jan or the 15th of Jan, you will still have to collect your cheque unless so unfortunately the last day falls on a weekend or a public holiday than have to collect the next following working day.

Err.. your company still issue cheque?
Most companies i joined normally pay online so i am not familiar with how are you goin to go about this problem.

My 2 cents... "Don't quote me on this"

i think your a probationary staff.

If your contract requires you to tender 2 months notice, than its what you have to do regardless whether your permanent or not.

There's a probably a provision somewhere in the Employment Act, but if you look carefully at certain provisions they allow such law to be amended, if the employee and the employer mutually agree in contract to vary the terms of employment.

Unless the terms of employment is silent than the law shall apply.

need help here guys... URGENT


I am working in this small company for a year and now i wanna hop..

in contract stated 3 months notice which is damn long. Not to mention that i am a programmer in this company.

So, if i found a new job and the job wants me to get started with working in like 1month time. How am i going to tender my resignation?? Is it possible that i leave in 24 hours notice??? If i am not mistaken there is this law where u need to compensate 1 month salary to leave immediately???


Please help.

that kind of the whole point having a 3 month notice..
1. to stop ppl from deciding to leave the company suddenly
2. that u don't leave behind unfinished assignments
3. to give ample opportunity for the company to look for replacement.

if your employed contractually than u may have to pay for the balance of your contract...
Example: 1 year contract, work for 2 months than you have to compensate the company the balance of the 10 months.

for permanent staff (depending on the terms of employment)
Yes, the person may have to compensate the company for X no. of months for leaving immediately without notice.

i just seen this thread...i need advice here

http://forum.lowyat.net/topic/1085110

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Added on July 8, 2009, 10:11 pmspell128 - dont scare me....i got another call from a compnay will be interviewing me...contract position.... >.<

This post has been edited by monochrome: Jul 8 2009, 10:11 PM

is that any balancing annual leave that can cover up some of your serving notice days??? you need to refer your appointment letter whether they wanted you to compensate or not...

my company definately doesnt encourage me to compensate cuz im the only staff in the company and i need to handle all my outstanding job to the new staff if i happen to resign one day ... somehow i can replace my annual leave with my serving notice ~~

One quick question. Is it okay to tender resignation letter ahead of the required notice period? For example, I tender mine 30 days earlier instead of 4 weeks/28 days notice period?

which means u want to resign 24 hours?

wat is in ur employment contrak? most would require payment in lieu.

also it wont go down well with employer cos suddenly they lose one headcount and no handover.

why u want to resign so sudden? made a critikal mistakes?

Once you tender your resignation, the date of receipt shall be your effective date of notice.

i.e. 10th July 2009 (Tender and Receipt date) + X days notice.

Unless your boss gives you a waiver only than you can resign with a shorter notice period or total waiver of notice.

Ok. Thanks a lot for the information.

To what extent can a superior go to to have you terminated if he/she has a personal grudge against you? What are the possible legal ways of getting around it.
Also, what constitutes as unlawful dismissal? I would like to know how to protect myself as some of my colleagues are experiencing difficulties in the workplace and the fire is burning closer to me.

Salary above 1500.

By the way read the disclaimer in page 1.

Well i have heard of ppl getting sacked due to poor performance, which i think its pretty reasonable, but in a case where you have a superior who terminates ppl because he/she has personal grudges is abit questionable.

Step 1
Talk to your (or a group) superior to resolve the matter amicably. Having a roundtable discussion together with HR (and/ or Management) as sort of mediation to cool the fire.

The reason being:
If a you keep quiet and no one complains, the management, HR and/or your superior will think everything is fine and dandy cause they will see your group as the trouble maker (which in fact could be...).

Step 2

If so unfortunate that nobody wants to hear you guys out or mediation fails...

Wait for termination letter, see what's the reason for termination is it performance, disciplinary issue, criminal (Wtf?) and so on.

I doubt your superior will be smart enough to put in the termination letter saying "... due to the fact i have a personal grudge with you, i don't see the point having you around. Therefore, i am terminating your employment. BB..."

Step 3

Is the reason reasonable?

1. try talking again to resolve the matter.

Talk to your (or a group) superior to resolve the matter amicably. Having a roundtable discussion together with HR (and/ or Management) as sort of mediation to cool the flood.

Step 4

If all things fail, start preparing your documents..

1. type your resume etc...
2. note all your worthy achievements with the company...
3. get your appraisal form/KPI if you have any...

If you have been meeting KPI's, your appraisal score has been fantastic, your superior always praise you, almost every major project got your involvement, you have been bring large chunks of commission and in a way you make money for the company or your work has been outstandingly efficient... prepare thiis list may come in handy to support your arguement. You can present this in Step 3 as well to convince the parties why you shouldnt be terminated.

Step 5

If no hope already everything also fail...

Than proceed to the labour dept get assistance there.

-delete-

This post has been edited by danieltan: Jul 21 2009, 06:19 PM

Speak with your assigned department superior. Discuss with him/her. That's the most direct way.

Probationary period? Please refer to the Letter for the stipulated resignation procedure.

Regards, Joey

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Added on July 21, 2009, 5:03 pmWrite in within 60 days of the dismissal to the Director General of Industrial Relations Department in pursuant to section 20 of the Industrial Relations Act, 1967.

There are a few criteria to be furnished upon. Please attach your Letter of Appointment and Termination Letter.

From here, yu are going face to face with your ex-employer at a designated place for FOC.

If there is a failure to resolve the case through conciliation, or if it gets dirty then, the DG of IR will refer to the big daddy of HRM, Minister of Human Resources. Please keep in mind that it cannot be brought to the Industrial Court directly but is being done by the Minister of Human Resources.

And voila! Yu can seek for award of back waged...(yu can treat me makan afterwards)

Regards, Joey

This post has been edited by Joey Christensen: Jul 21 2009, 05:05 PM

so that mean i need to tender my resign letter to them?

today is my 2nd day to work. probation under 6 month

but after 1st day i realize been lose interest on programming field.
anyway i planning to early switch different field.

i more toward liking support stuff since my industrial training and my hobby. in other simple word, just try out of programming job thing. find that my solving problem not strong

This post has been edited by danieltan: Jul 21 2009, 06:20 PM

everyone, would like to know whether i can claim my sick leave and medical expense during my 1 month notice??

i feel like infected with swine flu...

PROVIDED you have considered carefully why you want to resign...

Step 1
Read your contract see what it say, is there any bond or penalty for early termination? (if there is one prepare to fork out some $)

Step 2
tender resignation.

Your one month notice = resignation?

i think this question has been answered before...

SOS tomato