I want to ask if there any possibilities that HR doesn't allow you to use your balance annual leave to reduce notice period of resignation?

are there such thing that my employer choose to reject/don't accept my resignation letter? if yes, what can i do?

reason for rejection is due to insufficient of staff

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?

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.

the way i look at ur case, it is due to u being so important to the company, the excuse given is so secondary

so by law, there is no such thing as my employer choosing 'not' to accept my resignation letter right?

If your occupation is non-manual, the Employment Act does not cover you. However if your salary is less than RM5000 and if your employer fails to provide you whatever stated in the contract of service, you can still make claim at the Labour Office.

If your occupation is manual one, you are covered by Employment Act irrespective how much you earn.

are there such thing that my employer choose to reject/don't accept my resignation letter? if yes, what can i do?

reason for rejection is due to insufficient of staff

Thanks for the valuable information!

How bout extension? Can my boss extend my 1 month notice period? If he extends, I have the right to choose not to serve right?

suggestion dont accept.

resigned staff don't normally enjoy the benefits of a full time staff, you do so at your own risk, if you accept.

my superior just told me to stay longer... if according to law, do they have the right to extend my notice? in offer letter, it's stated 1 month notice.. but can they legally choose to extend it, if i do not accept?

hi..

can someone enlighten me how to get a recommendation letter?

my prev resignation i told my boss but he told me to ask hq ppl get me.. i didnt ask

i never had recomendation letter

im only in my second company tho

btw what's inside a recommendation letter?

I would presume that the alternative would be to have referees.

Anyway we are straying off-topic. I think is best you ask the general population instead.

something like giving credits la..
if see other ppl resume sometimes got a few recomendation letter fr previous employers..

i think it revolves around resignation period too isnt it?
usually situation turns bitter once u tender..
so asking for a favor seems to be bit too tough of a thing to ask
at least thats what happened to me. no farewell no nothing

Hi guys need some guidelines on annual leave offset notice period.

Let say my notice period is 2months I tendered my resignation in May and I would prefer to use annual leave to offset my notice period.

I have a balance of annual leave of 14 days for 2015 (never apply leave)

Should I entitled for annual while leave serving the notice period? In other words, up to July I have 7 days of annual leave. My last working day shall be shall be 2 months - 7 working days. ( July - 7 days)

Or it shall be 2 months - 5 working days (July - 5 days) , since i tendered resignation letter in May) ?