you can go early but salary payment will be subject to

Of course allowed, you pay for the balance remaining notice period.

You should be able to find the words "salary/pay in lieu of notice period".

Thanks kusha and aurora97 for clarification.

Sorry, disturb again. I have a colleague that resigned last year. He was informed to leave immediately after they found out he will be going to a competitor though he had informed company that he will be serving full 3 months notice. End of day, he told me he decided to just leave without compensation. Question is can the company actually force employee leave early without even compensation (legally). For this colleague, he told us that he does not want to make a big deal,hence he just left after all handover without getting any compensation at all. but he is management level so i guess that amount of compensation might not be such a big deal for him

So, if let's say I resign (no job offer yet) and told company that i will be serving the full 3 months as stated in contract but instead they tell me to leave immediately? According to my research, company should compensate full 3 months of salary + annual leave balance. What if they do not want to compensate and insist i leave as soon as complete document and company belongings handover? What are the steps or procedure that I should do/prepare?

Please help as I plan to tender soon but fear if the same thing happen to me like mentioned above but of course in my case not joining any new company yet. Of course, this might not happen but I want to be prepared.

Thank you

No need to apologize, it’s a forum where people exchange ideas. If I know all the answers in the world, I probably would not have come to a forum in the first place.

I think the distinguishing factor is when…

(a) the Company ask you to leave; and

(b) you resign yourself and subsequently the Company allow you to go off early.

I did say, most employment contract will say salary in lieu of notice. Since notice has been served, the condition has been fulfilled and therefore it may be construed as though you have resigned on your own accord. This in turn mean, the Company in releasing you early is merely fulfilling your wishes.

That’s why certain people prefer to be “asked to leave” as opposed to tendering. The more famous term is giving one person a rope to hang himself.

If you tender, you will receive no compensation and there will be no adverse impact when you join your prospective employer in the future.

When you tender, the 3 months notice is for the company's benefit not yours. So if the company lets you go ASAP without any penalty to you, why not?
Just tell your new company that and ask them if you can start early (usually they will be happy to)
You do not get to tender, leave ASAP and get 3 months pay for free haha

When you get fired on the other hand, the 3 months notice is for your benefit. So if the company wants you to go ASAP you will get the 3 months pay as compensation.

Hi, I would like some advice regarding my wife's current predicament.

She has just sent in her resignation letter to her employer, which at first they refuse to accept.

Eventually they come out and say that because she's going to a competitors company, she has to pay them 1 month salary and serve her notice period. In which case she has to work a month or free. Is it possible for them to do so? Even under the circumstance that it is stated in her offer letter, would it stand in court?

She said the company is notorious for suing ex-employees over resigning, so we'd like to atleast know what we'll be facing.

Thanks in advance.

P.S. As mentioned previously in the 1st post, I believe she is covered under the Emploment Act (<Rm2500), so does that mean the contract is void?

This post has been edited by imahappyklown: Apr 2 2015, 05:52 PM

First of all, stay calm.

Read and understand what the terms and conditions contained in the letter of offer first. Is there really such a clause?

Next your employer should put it down in writing that because she is going to competitor company, she has to work a month or pay one month salary. All this should be documented.

Any other arrangements should also be documented.

I believe if a person falls within the purview of employment act, they r subject to those provisions and I don't think you can contract out of it. Unfortunately, I never really studied it in dept so...you may want to find your own source.

Once you have all your documentation, you can proceed to submit a complaint to labour department . should be quite interesting.

Also noteworthy is section 28 of the contract act... But don't know whether it applies...

28.Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void.

This post has been edited by aurora97: Apr 2 2015, 07:18 PM

-removed-

This post has been edited by imahappyklown: Apr 7 2015, 01:57 PM

Hello sifu,

I have a question on the tendering the resignation and signing the offer letter in the new company.

Currently still working in company A, havent done anything at the moment but I'm expecting an offer from company B around next week.

i have to serve 2 month upon tendering the resignation in company A. Company B would probably buy-out for 1 month.

My question, do I tender first, go sign the new offer letter and serve the notice?
OR
Do I go sign first, then tender and serve the notice?

Its either sign first of tender first, which one is the ethical, lawful, correct step in resignation?

Depends on company and boss, and if new company willing to pay to have you in early.

Sign first then tender. Its for Company B to figure out how so that your needed. If they need you asap, then should buy out your notice period. They should tell you the arrangement and not for you to guess.

This is your rice bowl you talking about. If you do it wrongly, you probably end up without a job for.

Noted. Yeah I know. Company B is still settling the policies and docs, etc since it is a vendor company so they are discussing it with the client company. the client company responsible for buy-out.

I am asking this cuz previously i worked in Company C and Company A bought me full 3-month with 24 hours notice only. I did sign first and then tender but my manager said i should have tendered first like 3 days in advance, then sign cuz it would be like a breach of current employment terms in Company C. But she's good to me, so she accepted it right away and even asked me to stay. haha. I liked that place but the salary jump to Company A is 50% more. hahahahaha.

So I dun know which step are correct until you advised so as above.

Thank you.

This post has been edited by LuffyPSP: Apr 3 2015, 10:59 PM

I got a question here.
Lets say my company need to give 3 months notice for resignation and I give the resign letter to my manager on 8th May.
The duration is count from the day I pass the letter to my manager or the day my manager inform HR?
So when will be my last day if I submit my resignation letter on 8th May?

The moment your notice is received by the Company (i.e. your Manager), time starts to run.

It is therefore important for a person to get acknowledgement from the person (i.e. your Manager) receiving your notice, this is to enable you to keep track of time and plan your affairs.

Hi Aurora,

I have tender my resignation on 27 April and given 1 month notice. However, HR informed me that they are unable to pay my April and May commission. They will pay for my basic salary until 26 May only. There wasn't any statement in the contract saying commission will not be paid if staff resigned.

My questions are:
1. Can employer choose not to pay employee the commission?
2. How should I go about if I wanted to get the commision?

Thanks

It all depends in the contract. if in the contract it did mention that, then you won't get it. but i don't get it. you should get it though, no brainer.

and its normal for HR to make your resignation harder. they tend to have the negativity mentality for those who tender.

You should re-look at your contract and be extra sure of its content.

I would probably take the broader approach and definition of commission.

What I basically mean is, any form of “reward” that flows from your contract (i.e. you work in order to get a reward in return), you are naturally entitled to it. Only exception, where the Company explicitly say that such rewards are given subject to the discretion of the Company i.e. Bonus.

Your should get your HR to confirm that they are not paying out your commission. Once you obtained a response, you can submit it together as supporting to labour department for assistance.

You should also check your pay slip to see whether they deduct your commission and contribute for your EPF/SocSo. You can lodge a complaint, if they did not.

Hi,

I recently signed up to a job offer with an MNC and I am to serve a 3 month notice to my current employer. Since the role is urgent I am to only serve 1 month while the other 2 months are to be paid to my current employer. My future employer has indicated during interview ,offer and acceptance of the offer that they would be compensating for the 2months that I have to pay my current employer. However, this was not stated in my offer letter. Only verbally promised by HR and I was told not to worry as they are a reputable MNC. Should I be concerned if they were to not pay me back those two months I've paid off? Please advice.

I had a friend with this situation too. A word of advise, do not trust anything without valid documents. I used to be promised an allowance of 1550, and after few months, they took 500 back with reason of overpaid and miscommunication between client and vendor.

Me and my colleagues... can only krik2 since it was only verbal aggrement on the allowance part. although, still glad they maintain the remaining 1050 until now.

Whenever you are promised something, always be concerned whether you can fight back with proof. Verbal has no value at all.

and if possible, never pay anything from yourself. unless its your dream job or something you think its worth pursuing.

if you have signed, always push them non-stop asking for updates. companies will play hard balls with money involved.