Hi, i have a question regarding resignation.

Can the boss reject our resignation letter?

Yes, I've got a friend in KL who's a nutritionist whose letter got rejected.

He's working for a vinegar drink company.

And ya, my advise to him is to have a sit-down chat with his boss before handing it in ._. instead of sending straight to him.



This post has been edited by ChowQing94: Jul 3 2014, 09:50 AM

When we are serving our period of resignation, can we take unpaid leave?

This post has been edited by ahtom82: Jul 10 2014, 02:51 PM

Your resignation must be clear, concise, understandable, legible and unconditional. If you fulfill what I have mentioned, there is NO reason why you boss should reject your resignation letter.

I have a doubt right now, I sign a agreement with my company that I cannot work with a company that has same/related business for a year. I was offered much higher salary by competitor, should I go for it? If yes, what will be the effect is someone in the company report to boss that I work for competitor?

That would depend what you have agreed with your current employer in your employment contract.

Contract Act 1950 is the most often quote provision
28. Agreement in restraint of trade void
Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void.

There is some suggestion that reasonable restrictions imposed on an employee maybe acceptable. For instance, you are not allowed to work within 1 KM from your existing employers office. This is of cause fact driven and very subjective as it depends on perception (or in other words who has the better lawyer).

Also consider whether you signed-off any Non-Disclosure Agreement. Even if your employer can't nail you based on restriction of trade, they can still do so because of the special knowledge that you have acquired during your employment. Most common this would be your "customer list".

Dear all,

I am just wondering, let say this company A. The employee have to work OT everyday until 8 or 9.

In the offer letter, it is only until 6. And its also stated that employee may have to OT. But the problem is OT everyday. Better they jst indicate the working hour until 8 instead of 6 since that all of us go back at 8 or 9. OT oso no allowance or can be replace by leave etc...

Any legal action can be taken? Jst wondering

Thanks a bunch friends!

As far as I know there is no maximum hours that one can work in Malaysia, so if a person decides to work for 24(48,72 etc.. until he dies, whichever is earlier) hours theoretically that is possible.

Since there is no law, then you fall back to what is reasonable and the contents of your contract. There is a couple things you can do…

(a) talk to management about your concerns and see their reaction. Hopefully, they will recognize your efforts and give some concessions.
(b) if talks fail. You may want to write to management instead. If you are “asked” to work OT everyday up until 8-9pm then you might need to establish that such events have in fact transpired and the reasons why management require you to work for such long hours beyond the contracted period.

With a response from management, you “may” be able to take up the matter with labour department. Bear in mind, once you shake the tree, you better be prepared to reap the consequences (or look for a new job [or if you intend to stay on no bonus or increment for you]).

Unlike salary, I believe OT (similar to bonus or increment) or such other OT perks are given at the discretion of the company.

To answer your question… “Maybe” is the best answer, it all depends how much facts you have. If you are in need of a job, I suggest you don’t make it an issue until you find a new job. If otherwise, just leave your current job. Your employer is abusing you.

My way of resigning is like this. Take the offer after you got offer. Sign the contract with new company. Then call the boss and tell him you resigning. I just did that and it works like charm.

my friend is having resignation problem below:
Based on her current employment contract in company A, she needs to serve 2 months of notice period or payment in lieu of notice.
Now, she got an offer from company B to buy her out for 1 month. Thus, she tendered her resignation for 1 month only and requested to buy out another month. However, the company A does not accept that. Instead, company A wants her to serve full 2 months before she can leave.

What can she do if she has already signed the offer from company B?

By right (legally), No.
Employer cannot reject a resignation as long as you have followed the terms of your employement.
i.e. tendered Letter of Resignation, serving xxx month(s) of notice period, etc.

Yes you may, however taking leave are always subject to management approval.

Hi, I got a situation, my company does not show us what's our leave entitlement balance unless we request from the HR personnel.1 month before I resign I requested for my leave record, it shows that I have 10 days balance. I did not applied any leave or mc after that. After I hand in my resignation letter and it's being approved, the HR personnel send a confirmation email on my resignation and stated I only have 3 days balance. I talked to the person in charge face to face and she said she will re-calculate my balance. A week later, there are no reply from her, then I approached to her and she told me I got 10 days balance, I asked her to resend my balance details via email but she refused to do so, but she said she will update the leave record. I had tried to follow up with her via instant messenger recently for my leave record, but she tends to ignore my message. I was worried that they will only cash out my 3 days balance instead of 10, I only have a few days left in this company, what should I do?

Any advice will be highly appreciated.

This post has been edited by more2teayap: Aug 19 2014, 09:13 AM

My friend encounter similar case where the boss not allow her to early release eventhough the new company pay the full notice period.
Then she got verbally harassed (personal attack).

Can I know which department in labor office that I can file a case or complaint?

Thanks

I am not sure which dept. but you may refer to Labour Office.

http://www.mohr.gov.my/index.php/en/feedba...ries-complaints

Hi, i have a question here. I have been working for 7 months now and i am receiving the confirmed staff amount of pay. But i did not sign the confirmation letter. Base on my appointment letter it is 2 weeks notice termination by both party before probation and 2 months after confirmation.

Please advise that which status i am in now since i did not sign the confirmation letter.

Did you receive the email from HR or your manager for your confirmation? If yes, even though you didn't sign the confirmation letter, you are considered agree/accept your confirmation as you didn't reject it.
Of course this is arguable but to keep your good reputation, I think you should serve the 2 months notice.

All the best to you.

Regards,
a IT guy with 7 years working experience

I give to you straight up. Your still under probation. Yes, you may serve 2 weeks notice.

Next my question. do you need the job and have you found a job? If you have yet to do so, I suggest you find a job before you quit your current job.

Confirmations are generally signed-off for a very good reason, it entitles you to enjoy certain benefit in which a probation staff do not enjoy. It also entails more cost for the company. A one sided confirmation is like… “hey I sent you RM 1,000”, does it mean the money has indeed arrived? The only way to confirm therefore, is for the person to “take additional measures” or to sign-off on a letter that would indicate the appropriate response.

This is a reminder to all probation staff, certain company will take you for a ride. They tell you 6 months probation but at the end of the 6 months, they will just sit quiet until you make noise. Imagine, as a probation staff you lose out on medical, bonus, increment benefits etc…

If a company can’t honor a simple arrangement, I think as an employee you are better off elsewhere.


This post has been edited by aurora97: Sep 9 2014, 02:08 PM

Solution?

If company A is so hell bent on having the person work for another 2 months. Just pay 2 months compensation (1 month from your NewCo and 1 month from your own pocket).

If the company can read, it’s either notice period or payment in lieu of notice.

If the company insist, you say you will refer the matter to labor department. No point arguing with the employer.

Hi, if someone is in a probation and wish to terminate their job by giving 24hours notice as per in the contract, who should the termination be forwarded to? The director, hr manager or direct supervisor?