Dec 26 2008, 05:06 PM, updated 11 months ago
Section A
1. Introduction
2. Objects and Purpose
3. Disclaimer
Section B
1. First Day At Work
2. Exiting a Company
3. Pre-resignation (tendering resignation phase)
Section C
1. Employment Act 1955 (applicability)
2. Resigning Without (or sufficient) Notice
3. Salary or EPF or PCB (Potongan Cukai Bulanan) not paid.
Section D (added 24/6/14)
1. Industrial Relation Act 1967 (in progress/researching)
Section F (added 24/6/14)
Appendix A
Sample of Resignation Letter
Appendix B
More Resignation Letters Sample
Appendix C
Termination/Release Letters
Appendix D
Useful Links
Appendix E
References
---
Section A
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1. Introduction.
1.1 This thread is a discussion of all aspects pertaining to a person (namely an employee) exiting a company for whatever the reasons may be.
1.2 Feel free to contribute your experience and knowledge for the benefit of the community.
1.3 Further note:
1.3.1 All enquiries or questions in relations to this topic to be posted in this topic thread only, please do not send your enquiries or question to my
personal massage box.
1.3.2 On an urgent basis, you may highlight the link to your thread and send a PM to me and I will revert to your thread as soon as possible.
2. Object & Purpose.
2.1 To create awareness.
2.2 To protect one-self’s interest from unscrupulous employers.
2.3 To effectively detach one-self from an employer amicably.
3. Disclaimer:
3.1 Any advice posted or displayed on this thread is wholly unsuitable for use.
3.2 Any advice posted or displayed on this thread is only for informational purposes, discussion and may not be applied regardless whether in theory or practically.
1.1 This thread is a discussion of all aspects pertaining to a person (namely an employee) exiting a company for whatever the reasons may be.
1.2 Feel free to contribute your experience and knowledge for the benefit of the community.
1.3 Further note:
1.3.1 All enquiries or questions in relations to this topic to be posted in this topic thread only, please do not send your enquiries or question to my
personal massage box.
1.3.2 On an urgent basis, you may highlight the link to your thread and send a PM to me and I will revert to your thread as soon as possible.
2. Object & Purpose.
2.1 To create awareness.
2.2 To protect one-self’s interest from unscrupulous employers.
2.3 To effectively detach one-self from an employer amicably.
3. Disclaimer:
3.1 Any advice posted or displayed on this thread is wholly unsuitable for use.
3.2 Any advice posted or displayed on this thread is only for informational purposes, discussion and may not be applied regardless whether in theory or practically.
Section B
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1. First Day at Work
1.1 Letter of Offer/ Employment Contracts
1.2 Always remember to read your contract before you pen you name down, take your time there is no rush.
1.3 Here are some example of a items that you may want to go through and understand thoroughly before you bind yourself to the company as an employee.
1.3.1 what time do you have to be at work
1.3.2 your job scope (little relevance since most likely u end up doing some other junk)
1.3.3 how do you resign during probation/permanent staff/ contract staff
1.3.4 your salary obviously
1.3.5 how can your employer terminate ur employment
1.3.6 how many days do you need to give notice.
1.3.7 Non-disclosure obligations (especially those working in banks back office, semi conductor as engineers)
1.3.8 Restrictions that may apply to u after termination (say ur not allowed to work with another college) the so called negative covenants.
NOTE:
Rights and privileges may differ as a probationary, part time, full time, contractual staff so be extremely careful.
*the above does not apply to FREELANCE work.
1.4 Every stroke of the pen in your Letter of Offer/Letter of Employment should reflect your intentions and the terms you wish to be bound by.
1.5 Hence, if the terms of a Letter of Offer/letter of Employment do not reflect your intention or terms that you wish to submit too, do not sign the letter.
1.6 At any point in time the letter remains unsigned by you, technically no agreement/relationship exists between you and the company. However, it is best that you seek clarification first before seeking drastic measures like this (i.e. exploiting loop holes) to detach yourself from the employer.
1.7 When you receive your OFFER Letter/Employment Contract, handbook, guidelines, company policy, code of conduct... read all the pages word for word, this will help you to steer clear of trouble. KEEP it because u may have to return it to HR when u terminate your employment.
1.8 My parents always thought me to think forward, say for example:
1.8.1 when your studying, your suppose to think of what you might become in the future i.e. an engineer, lawyer, doctor and so on; and
1.8.2 when your working, you think of your retirement.
1.9 As an employee, the chances are very likely that one will not stick to an employment for an extended period of time. Most likely an employee in Malaysia would probably stick with a single employer for 1 to 5 years, of course there are exceptions.
1.10 Nevertheless, what I am trying to propound here is that one should also upon accepting a job offer, be thinking of an exit strategy too.
2. Exiting a Company.
2.1 Emotions
2.1.1 When a person resigns normally, it’s relatively easy for a person to say “I want to resign” within his own comfort zone i.e. to his/her parents, colleagues or even friend, to boast about how weak a boss is and so on.
2.1.2 However, when the time comes to present that piece of letter of yours to your boss (albeit you have already made up your mind) to inform him/her of your departure, fear and anxiety starts to set in leaving gaps and doubts in your own-self.
2.1.3 It’s an uphill battle from the moment you decide to resign and the moment you tender your resignation but once you taste the glorious fruits of your emancipation, all those burden will naturally be swept away .
2.1.4 Hence, the general assumption is resigning is difficult. If otherwise, you wouldn’t need advice from this thread at all, since its practically rubbish.
2.2 In view of the difficulty in resigning, it is advisable for one to deploy the right tools at the right time to avoid a less than amicable departure.
2.3 Certain employers who carry a grudge against you may re-sought to underhand tactics such as spreading rumours about you, especially so when the industry is small.
2.4 Therefore, when you plan to leave a company plan ahead rather than leaving it to chance (if the environment is hostile).
3. Pre-resignation (tendering resignation phase)
3.1 Resignation can be a breeze or it can also be the perfect storm for some unexpected event to be blown out of proportion.
3.2 As for me, when I resign I do a self assessment to ensure that I have my bases covered and any potential question to be answered can rebutted accordingly. For example: completion of assignments, working relationship and documentation (such as letter of offers, company policy or handbook are all in order).
3.3 Gentle reminder, if you have lost your letter of offer/contract for employment or any such important documents you can always request a copy from HR. All is not loss, but make sure you do it before you tender your resignation and not after.
3.4 Like a pilot whom has to go through his/her pre-flight checklist, it would be advisable that you have some similar arrangement so as not to cock up last minute.
3.4.1 Again essentially you will have to re-fresh yourself by going through your Letter of Offer/Letter of Employment, employee handbook and company policy;
3.4.1 check and make sure your assignments/task are more or less completed;
3.4.2 make sure whatever assignment/task that you handled prior to your departure are properly handed over to your successor;
3.4.3 clarify with your HR/Supervisor/Handbook etc… pertaining to policies like off setting (annual) leave during notice period;
3.4.4 prepare yourself mentally 2 to 4 months in advance prior to tendering your resignation (if u need more time just take ur time)
3.4.5 Don't forget look for a JOB before you resign unless of course your in a hurry, don't want to end up eating dust.
3.4.6 Certain companies may issue to you a “letter of acceptance of termination” or a “release letter”as a formality to termination.
3.4.7 finally it is essential for you to perform and complete all outstanding task/assignment before you leave.
1.1 Letter of Offer/ Employment Contracts
1.2 Always remember to read your contract before you pen you name down, take your time there is no rush.
1.3 Here are some example of a items that you may want to go through and understand thoroughly before you bind yourself to the company as an employee.
1.3.1 what time do you have to be at work
1.3.2 your job scope (little relevance since most likely u end up doing some other junk)
1.3.3 how do you resign during probation/permanent staff/ contract staff
1.3.4 your salary obviously
1.3.5 how can your employer terminate ur employment
1.3.6 how many days do you need to give notice.
1.3.7 Non-disclosure obligations (especially those working in banks back office, semi conductor as engineers)
1.3.8 Restrictions that may apply to u after termination (say ur not allowed to work with another college) the so called negative covenants.
NOTE:
Rights and privileges may differ as a probationary, part time, full time, contractual staff so be extremely careful.
*the above does not apply to FREELANCE work.
1.4 Every stroke of the pen in your Letter of Offer/Letter of Employment should reflect your intentions and the terms you wish to be bound by.
1.5 Hence, if the terms of a Letter of Offer/letter of Employment do not reflect your intention or terms that you wish to submit too, do not sign the letter.
1.6 At any point in time the letter remains unsigned by you, technically no agreement/relationship exists between you and the company. However, it is best that you seek clarification first before seeking drastic measures like this (i.e. exploiting loop holes) to detach yourself from the employer.
1.7 When you receive your OFFER Letter/Employment Contract, handbook, guidelines, company policy, code of conduct... read all the pages word for word, this will help you to steer clear of trouble. KEEP it because u may have to return it to HR when u terminate your employment.
1.8 My parents always thought me to think forward, say for example:
1.8.1 when your studying, your suppose to think of what you might become in the future i.e. an engineer, lawyer, doctor and so on; and
1.8.2 when your working, you think of your retirement.
1.9 As an employee, the chances are very likely that one will not stick to an employment for an extended period of time. Most likely an employee in Malaysia would probably stick with a single employer for 1 to 5 years, of course there are exceptions.
1.10 Nevertheless, what I am trying to propound here is that one should also upon accepting a job offer, be thinking of an exit strategy too.
2. Exiting a Company.
2.1 Emotions
2.1.1 When a person resigns normally, it’s relatively easy for a person to say “I want to resign” within his own comfort zone i.e. to his/her parents, colleagues or even friend, to boast about how weak a boss is and so on.
2.1.2 However, when the time comes to present that piece of letter of yours to your boss (albeit you have already made up your mind) to inform him/her of your departure, fear and anxiety starts to set in leaving gaps and doubts in your own-self.
2.1.3 It’s an uphill battle from the moment you decide to resign and the moment you tender your resignation but once you taste the glorious fruits of your emancipation, all those burden will naturally be swept away .
2.1.4 Hence, the general assumption is resigning is difficult. If otherwise, you wouldn’t need advice from this thread at all, since its practically rubbish.
2.2 In view of the difficulty in resigning, it is advisable for one to deploy the right tools at the right time to avoid a less than amicable departure.
2.3 Certain employers who carry a grudge against you may re-sought to underhand tactics such as spreading rumours about you, especially so when the industry is small.
2.4 Therefore, when you plan to leave a company plan ahead rather than leaving it to chance (if the environment is hostile).
3. Pre-resignation (tendering resignation phase)
3.1 Resignation can be a breeze or it can also be the perfect storm for some unexpected event to be blown out of proportion.
3.2 As for me, when I resign I do a self assessment to ensure that I have my bases covered and any potential question to be answered can rebutted accordingly. For example: completion of assignments, working relationship and documentation (such as letter of offers, company policy or handbook are all in order).
3.3 Gentle reminder, if you have lost your letter of offer/contract for employment or any such important documents you can always request a copy from HR. All is not loss, but make sure you do it before you tender your resignation and not after.
3.4 Like a pilot whom has to go through his/her pre-flight checklist, it would be advisable that you have some similar arrangement so as not to cock up last minute.
3.4.1 Again essentially you will have to re-fresh yourself by going through your Letter of Offer/Letter of Employment, employee handbook and company policy;
3.4.1 check and make sure your assignments/task are more or less completed;
3.4.2 make sure whatever assignment/task that you handled prior to your departure are properly handed over to your successor;
3.4.3 clarify with your HR/Supervisor/Handbook etc… pertaining to policies like off setting (annual) leave during notice period;
3.4.4 prepare yourself mentally 2 to 4 months in advance prior to tendering your resignation (if u need more time just take ur time)
3.4.5 Don't forget look for a JOB before you resign unless of course your in a hurry, don't want to end up eating dust.
3.4.6 Certain companies may issue to you a “letter of acceptance of termination” or a “release letter”as a formality to termination.
3.4.7 finally it is essential for you to perform and complete all outstanding task/assignment before you leave.
Section C
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1. Employment Act 1955 (Applicability)
1.1 This act is perhaps the most wrongly quoted act when it comes to employment related issues, that said, I admit that i am also one of the person who wrongly quoted this Act.
1.2 The applicability of this Act should be read in light and together with the Schedule appended to it namely:
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Amended by:- P.U.(A) 88/2012 Employment (Amendment of First Schedule) Order 2012/01-04-2012
FIRST SCHEDULE [Section 2(1)]
Employee
Provision of the Act not applicable
1. Any person, irrespective of his occupation, who has entered into a contract of service with an employer under which such person's wages do not exceed two thousand ringgit a month.
Previous wording reads as follows:-
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Any person, irrespective of his occupation, who has entered into a contract of service with an employer under which such person's wages do not exceed one thousand five hundred ringgit a month
.1.3 Simply put it, if your earning more than RM 2,500.00, the Employment Act 1955 doesn't protect you. Most likely you'd be subject to the mercy of your employer and to the term and conditions in which you signed up for.
1.4 Attached for your ease of reference is the Employment Act 1955
1.5 Refer to Appendix E , Example 1. Bold portions for faster reference rather than reading the chunky bits.
1.6 If a person doesn't fall within the ambit of the Employment Act 1955, than they are subject to the terms and conditions of their employment contract.
Latest Employment Act 1955 (As at 30 April 2012)
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Superseded
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2. Resigning Without (or sufficient) Notice
2.1 Without consideration of the reason(s) you may have for wanting to leave a company in a hurry, resigning without (or sufficient) notice to the company/employer is neither legal or ethical in any profession.
2.2 So how do you legally detach yourself from a legally binding employment contract from your employer?
2.2.1 you may try and convince your boss to waive or exempt you from such notice period; or
2.2.2 pay the penalty for breaking the contract i.e. depending on the number of notice period required by you to give your company.
2.2.2.1 For instance, your per month salary is RM 3,000 and your notice period is 6 months. Hence, to waive such notice period legally you would need to pay the company RM 18,000.
2.2.2.2 thats why as i have mentioned earlier read your contract carefully, if you don't agree with the terms of your employment don't sign it and try to negotiate if you have some leverage.
2.2.3 unless of course you have a spectacular reason, you may even want to try the industrial tribunals (its noteworthy they are pro-employees).
2.3 What is the effect of breaking a contract?
2.3.1 A party which departs or fail to perform his/her obligations in accordance with the contract executed between the parties, is allowed to seek redress from the courts.
2.3.2 If your company doesn't pay you your salary obviously you will haul them to court, for the same reciprocal reasons a breach of the contract would allow the employer to exercise such rights.
3. Salary or EPF or PCB (Potongan Cukai Bulanan) not paid.
3.1 If an employer doesn't pay you your Salary or EPF or PCB what action can you take?
3.1.1 for salary, a breach of contract (legal action can be taken);
3.1.2 for EPF, statutory protection; and (I would suggest anyone, who want to know more about this protections read more on the EPF web site FAQ)
3.1.3 for PCB, statutory protection namely the Income Tax Act 1967. (Refer to Appendix E, Example 2 Salary in-dept explanation on PCB "REALLY")
3.2 None payment of Salary by Employer
3.3 None payment of EPF (EPF Cross-Reference, please refer to appendix C)
3.3.1 Any employer who fails to contribute for his/her workers can be convicted under the following sections:
Section 43 (2)
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Offence : Any employer who fails to contribute to the EPF Board on behalf of any employee in respect of any month within 15 days of the contribution month due has committed an offence and if convicted can be jailed up to three years or fined up to RM10,000 or both.
Section 48 (3)
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Offence : Any employer who deducts an employee's contributions from the employee's wages and then fails to remit the said deductions or any part thereof to the EPF has committed an offence and if convicted can be jailed up to six years and fined up to RM20,000 or both.
3.3.2 Late payment of EPF contribution by Employer:
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Under Section 43 (2), legal action can be taken against an employer who is late in making contributions. The EPF will also impose a penalty in the form of interest and dividend on the amount of late contributions.
3.3.3 If you notice that your employer hasn't been contributing EPF, you may want to lodge a complaint with EPF. You can do this via online.
Section D
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1. Industrial Relation Act 1967
1.1 Introduction
1.1.1 This is probably the most feared provision in the act for Employers and the most often use weapon by Employees to poke back at Employers. It took me to realize the importance of the Industrial Relation Act 1967 and to have some knowledge to write about it.
1.1.2 My first encounter with the Industrial Relation Act 1967 was when myself as a committee member in a Joint Management Committee decided to terminate the existing staff in favour of a management company. For the first time ever, the table was turned against me and I had to think like an employer to avert potential thousands of ringgit wasted in court process and compensation.
1.2 The Law
1.2.1 I have extracted the entire Industrial Relation Act 1967 (as at 1 March 2010)
Industrial_Relations_Act_1967_Act_177__as_at_1_March_2010_.pdf ( 741.7k )
Number of downloads: 269
for everyone's easy reference.
1.2.2 Now I don't expect you to memorize the entire Industrial Relation Act 1967 but the essence or the holy grail of any employees claim is enshrined in section 20(1) Industrial Relation Act 1967, an extract of the provision is replicated below:-
1.3 Implication
[Currently under research, will write more once I understand this topic better]
1.1 Introduction
1.1.1 This is probably the most feared provision in the act for Employers and the most often use weapon by Employees to poke back at Employers. It took me to realize the importance of the Industrial Relation Act 1967 and to have some knowledge to write about it.
1.1.2 My first encounter with the Industrial Relation Act 1967 was when myself as a committee member in a Joint Management Committee decided to terminate the existing staff in favour of a management company. For the first time ever, the table was turned against me and I had to think like an employer to avert potential thousands of ringgit wasted in court process and compensation.
1.2 The Law
1.2.1 I have extracted the entire Industrial Relation Act 1967 (as at 1 March 2010)
Industrial_Relations_Act_1967_Act_177__as_at_1_March_2010_.pdf ( 741.7k )
Number of downloads: 269for everyone's easy reference.
1.2.2 Now I don't expect you to memorize the entire Industrial Relation Act 1967 but the essence or the holy grail of any employees claim is enshrined in section 20(1) Industrial Relation Act 1967, an extract of the provision is replicated below:-
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20. Representations on dismissals
(1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse (emphasis is mine) by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.
"...con't"
(1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse (emphasis is mine) by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.
"...con't"
1.3 Implication
[Currently under research, will write more once I understand this topic better]
Section F
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[b]Appendix A
1. Personally, i think a resignation letter should be simple yet containg sufficient detail to expressly tell your boss that your quitting for good rather than a letter with all guns blazing.
2. The simpler the letter, the less questions will posed to u. I prefer not to say anything at all even if my boss had spend 45 mins lecturing me about life lessons, dont give up, tell me who back stabbing u bla bla bla.. i will keep my mouth sealed. If u should choose to spill all your dirty laundry about the company, be prepared to reap the whirl-wind.
3.
Illustration A
Illustration B
Appendix B
More Resignation Letters Sample.
Resignation_Letter_Sample_v1.doc ( 24k )
Number of downloads: 8325
2_RL.doc ( 24k )
Number of downloads: 3405
Appendix C
Termination/ Release Letter
Release_of_Termination_Letter.doc ( 24.5k )
Number of downloads: 3414
Appendix D
Useful Links!
Jabatan Tenanga Kerja Semenanjung Malaysia
[url=http://jtksm.mohr.gov.my/index.php/en/services/aduan[/url] -updated as at 23/6/14
Added on 130709
Elawyerment
Law Library/Employment Law:
SOS -checked as at 23/6/14
Added on 180110
Jobs DB: Career Guide
[removed - link broken]
EPF
Also refer to: Employers' Responsibilities SOS -updated as at 23/6/14
EPF (added as at 23/4/14)
Also refer to: Employees' Responsibilities SOS
EPF
Also refer to: Employer's FAQ SOS -updated as at 23/6/14
Appendix E
References
Example 1
Talk on "Employment Law: Employees' & Employers' Rights
Reported by Professor Maimunah Aminuddin & Sdr. Cham Kok Soon
In conjunction with the Engineering Week 2003, G&S Section, together with the Engineering Week 2003 Committee had co-organized a talk on “Employment Law: Employees’ & Employers’ Rights”. The talk was held on 18 March 2003 at the IEM. The speaker for the talk was Professor Maimunah Aminuddin, currently a lecturer in the Faculty of Business Management, Universiti Teknologi MARA, Shah Alam. She has been lecturing for 30 years and is also the author of more than 7 books on topics relating to industrial relations, employment law and human resource management. 31 participants attended the talk.
The talk kicked off 10 minutes late from the scheduled 5.30 p.m., due to heavy rain and traffic congestion. As the participants gradually arrived, Sdr. Kok Hee Poh had to initiate the talk by welcoming the participants. He then introduced the speaker, Professor Maimunah to the participants.
From there, Professor Maimunah greeted the participants and wasted no time in getting into the topic. According to her, in Malaysia, there are many laws related to employment. However, the following are the major laws regulating the employment relationship:
1. The Employment Act, 1955;
2. The Employees Provident Fund Act, 1991;
3. The Employees Social Security Act, 1969;
4. The Industrial Relations Act, 1967.
Although the mentioned laws are significant in providing protection to both employers and employees, not all employees are within the scope of all of these acts. The Employment Act only protects employees who earn not more than RM 1,500 per month and who are working in Peninsular Malaysia in the private sector. The Employees Provident Fund Act provides a compulsory saving scheme for all employees throughout the country working in the private sector. The Employees Social Security Act establishes a scheme for compensating employees who have a work-related accident or contract a work-related illness. However, while only employees who earn not more than RM 2,000 are required to become members of the scheme, the Organization implements the “once in, always in” concept. The Industrial Relations Act applies to all employees in the private sector and provides a mechanism for protecting employees’ security of employment.
As mentioned earlier, she reminded those preset that employees who earn more than RM1500 a month ( with a few exceptions) are not protected by the Employment Act. Therefore, the rights of these groups fall within the four walls of the employment contract. The terms should be expressly included in a letter of appointment, a company handbook or similar document specifically referred to in the letter of appointment. Employees have no right to any other benefit other than those specified in the contract. However, certain rights and obligations may be implied into the contract, as they are into all employment contracts, but it is rare in Malaysia for benefits to be implied into a contract by practice or by any other means.
While explaining, she reminded employees accepting job offers to read the letter of appointment very carefully before signing acceptance of the terms and conditions of employment. It is crucial not only to examine what is included, but also what is not incorporated! Among the important items for any person contemplating a job offer to check are as follows:
* The duration of the contract, whether temporary or permanent;
* The wages and benefits offered;
* Whether there are any other forms of monetary remuneration such as bonus or allowances, and if so what are the conditions for receiving these;
* The hours of work;
* Whether there is a probationary period, and if so, for how long;
* Notice required before termination of employment;
* Whether there is a mobility clause;
* Whether a retirement age is incorporated into the contract; and
* Whether the employee’s right to be involved in other work, whether for remuneration or on a voluntary basis is prohibited or restricted.
On termination of service, Professor Maimunah explained that while employers in Malaysia have the right to hire as they please, they do not have the same freedom to sack employees. The Industrial Relations Act, 1967, which protects all employees in the private sector, provides a procedure whereby any employee who has had his employment contract terminated, for whatever reason, can make a claim of unfair dismissal at the nearest Department of Industrial Relations, Ministry of Human Resources. A conciliation meeting will be held to determine whether a settlement can be reached between the employer and his ex-employee. If re-conciliation is not successful, the dispute will generally be referred to the Industrial Court for arbitration.
Nevertheless, employers have the right to terminate an employee’s contract in certain circumstances, providing they follow a fair procedure prior to the termination. Employers can retrench employees, or dismiss them for poor performance or misconduct as elaborated below:
Retrenchment
An employer may downsize his workforce when there are cogent business reasons for doing so. He is expected to avoid retrenchment if at all possible. For example, a voluntary separation scheme may be introduced to reduce the numbers of workers employed, a hiring freeze could be instituted, cost saving measures initiated and so on. If retrenchment cannot be avoided, the choice of workers to be removed from the payroll must be done in an objective manner. The Industrial Court frowns upon any criteria other than “last in, first out” (LIFO). Employees should be given adequate notice before they are retrenched and, where appropriate, retrenchment benefits should be paid. Employees who are not within the scope of the Employment Act will not be entitled to retrenchment benefits unless their personal contract specifically includes such a provision – which is unlikely.
Poor Performance
If an employee’s work is not reaching an acceptable standard, as defined by the employer, the latter has the right to terminate the employee’s contract. Before termination, however, the employee should be given a written warning which outlines his deficiencies; he should be given adequate time to improve and he should be given assistance to improve. If, after such measures have been taken, the employee still does not meet the work standards required, he may be dismissed.
Misconduct
Any employee found guilty of a major misconduct may be dismissed. Any act of misbehavior which is minor should be dealt with by way of an alternative, and lesser, punishment. Before dismissing an employee for misconduct, an employer should investigate the alleged act of misconduct thoroughly and hold a formal domestic inquiry to give the employee an opportunity to defend himself.
By 6.50 p.m., Professor Maimunah almost completed the talk. She then opened the talk to the Q&A session of which she managed to answer a string of questions from curious participants. By 7.10 p.m., Sdr. Kok Hee Poh invited Ir. Chong P.E. for a short speech. Ir. Chong praised the speaker for her interesting talk. He also thanked the speaker for conducting the talk. Finally, he presented a token of appreciation to Professor Maimunah on IEM’s behalf. The talk effectively ended at 7.15 p.m.
The G&S Section and IEM also wish to thank Professor Maimunah for conducting an informative and successful talk.
Example 2
Explanation on PCB
NOTA_PENERANGAN_JADUAL_PCB_2010_2.pdf ( 551.21k )
Number of downloads: 736
1. Personally, i think a resignation letter should be simple yet containg sufficient detail to expressly tell your boss that your quitting for good rather than a letter with all guns blazing.
2. The simpler the letter, the less questions will posed to u. I prefer not to say anything at all even if my boss had spend 45 mins lecturing me about life lessons, dont give up, tell me who back stabbing u bla bla bla.. i will keep my mouth sealed. If u should choose to spill all your dirty laundry about the company, be prepared to reap the whirl-wind.
3.
Illustration A
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Sample of Resignation can be as simple as this:
[Company Address]
[Date]
Dear Sir,
LETTER OF RESIGNATION
Referring to the above.
The purpose of this letter is to inform you that I am resigning from my position as [ insert position/title ], the date on this letter shall be the effective date of my notice.
I shall serve the designated notice period as stated in my contract until my effective termination from this company.
Thank you.
Regards,
XOXO
[Company Address]
[Date]
Dear Sir,
LETTER OF RESIGNATION
Referring to the above.
The purpose of this letter is to inform you that I am resigning from my position as [ insert position/title ], the date on this letter shall be the effective date of my notice.
I shall serve the designated notice period as stated in my contract until my effective termination from this company.
Thank you.
Regards,
XOXO
Illustration B
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[Your Name]
[Your Address]
------------------------------------------------------------------------------------------------------------
[Company Name]
[Company Address]
[Date]
Attention: [superior/immediate superior/HR Manager]
Dear Sir
RE: Resignation
Please accept this letter as my formal notice of resignation from [Company Name], effective from [Resignation Date] with [one month prior notice].
The reason for me to resign is to [Your reason for resigning in not more than 20 words]
I would like to take this opportunity to thank the management for the support and co-operation during my terms of employment with the company.
Thank you.
Yours faithfully,
……………….
Name:
IC:
Cc. [Superior/immediate superior/HR Manager]
[Your Address]
------------------------------------------------------------------------------------------------------------
[Company Name]
[Company Address]
[Date]
Attention: [superior/immediate superior/HR Manager]
Dear Sir
RE: Resignation
Please accept this letter as my formal notice of resignation from [Company Name], effective from [Resignation Date] with [one month prior notice].
The reason for me to resign is to [Your reason for resigning in not more than 20 words]
I would like to take this opportunity to thank the management for the support and co-operation during my terms of employment with the company.
Thank you.
Yours faithfully,
……………….
Name:
IC:
Cc. [Superior/immediate superior/HR Manager]
Appendix B
More Resignation Letters Sample.
Resignation_Letter_Sample_v1.doc ( 24k )
Number of downloads: 8325
2_RL.doc ( 24k )
Number of downloads: 3405Appendix C
Termination/ Release Letter
Release_of_Termination_Letter.doc ( 24.5k )
Number of downloads: 3414Appendix D
Useful Links!
Jabatan Tenanga Kerja Semenanjung Malaysia
[url=http://jtksm.mohr.gov.my/index.php/en/services/aduan[/url] -updated as at 23/6/14
Added on 130709
Elawyerment
Law Library/Employment Law:
SOS -checked as at 23/6/14
Added on 180110
Jobs DB: Career Guide
[removed - link broken]
EPF
Also refer to: Employers' Responsibilities SOS -updated as at 23/6/14
EPF (added as at 23/4/14)
Also refer to: Employees' Responsibilities SOS
EPF
Also refer to: Employer's FAQ SOS -updated as at 23/6/14
Appendix E
References
Example 1
Talk on "Employment Law: Employees' & Employers' Rights
Reported by Professor Maimunah Aminuddin & Sdr. Cham Kok Soon
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In conjunction with the Engineering Week 2003, G&S Section, together with the Engineering Week 2003 Committee had co-organized a talk on “Employment Law: Employees’ & Employers’ Rights”. The talk was held on 18 March 2003 at the IEM. The speaker for the talk was Professor Maimunah Aminuddin, currently a lecturer in the Faculty of Business Management, Universiti Teknologi MARA, Shah Alam. She has been lecturing for 30 years and is also the author of more than 7 books on topics relating to industrial relations, employment law and human resource management. 31 participants attended the talk.
The talk kicked off 10 minutes late from the scheduled 5.30 p.m., due to heavy rain and traffic congestion. As the participants gradually arrived, Sdr. Kok Hee Poh had to initiate the talk by welcoming the participants. He then introduced the speaker, Professor Maimunah to the participants.
From there, Professor Maimunah greeted the participants and wasted no time in getting into the topic. According to her, in Malaysia, there are many laws related to employment. However, the following are the major laws regulating the employment relationship:
1. The Employment Act, 1955;
2. The Employees Provident Fund Act, 1991;
3. The Employees Social Security Act, 1969;
4. The Industrial Relations Act, 1967.
Although the mentioned laws are significant in providing protection to both employers and employees, not all employees are within the scope of all of these acts. The Employment Act only protects employees who earn not more than RM 1,500 per month and who are working in Peninsular Malaysia in the private sector. The Employees Provident Fund Act provides a compulsory saving scheme for all employees throughout the country working in the private sector. The Employees Social Security Act establishes a scheme for compensating employees who have a work-related accident or contract a work-related illness. However, while only employees who earn not more than RM 2,000 are required to become members of the scheme, the Organization implements the “once in, always in” concept. The Industrial Relations Act applies to all employees in the private sector and provides a mechanism for protecting employees’ security of employment.
As mentioned earlier, she reminded those preset that employees who earn more than RM1500 a month ( with a few exceptions) are not protected by the Employment Act. Therefore, the rights of these groups fall within the four walls of the employment contract. The terms should be expressly included in a letter of appointment, a company handbook or similar document specifically referred to in the letter of appointment. Employees have no right to any other benefit other than those specified in the contract. However, certain rights and obligations may be implied into the contract, as they are into all employment contracts, but it is rare in Malaysia for benefits to be implied into a contract by practice or by any other means.
While explaining, she reminded employees accepting job offers to read the letter of appointment very carefully before signing acceptance of the terms and conditions of employment. It is crucial not only to examine what is included, but also what is not incorporated! Among the important items for any person contemplating a job offer to check are as follows:
* The duration of the contract, whether temporary or permanent;
* The wages and benefits offered;
* Whether there are any other forms of monetary remuneration such as bonus or allowances, and if so what are the conditions for receiving these;
* The hours of work;
* Whether there is a probationary period, and if so, for how long;
* Notice required before termination of employment;
* Whether there is a mobility clause;
* Whether a retirement age is incorporated into the contract; and
* Whether the employee’s right to be involved in other work, whether for remuneration or on a voluntary basis is prohibited or restricted.
On termination of service, Professor Maimunah explained that while employers in Malaysia have the right to hire as they please, they do not have the same freedom to sack employees. The Industrial Relations Act, 1967, which protects all employees in the private sector, provides a procedure whereby any employee who has had his employment contract terminated, for whatever reason, can make a claim of unfair dismissal at the nearest Department of Industrial Relations, Ministry of Human Resources. A conciliation meeting will be held to determine whether a settlement can be reached between the employer and his ex-employee. If re-conciliation is not successful, the dispute will generally be referred to the Industrial Court for arbitration.
Nevertheless, employers have the right to terminate an employee’s contract in certain circumstances, providing they follow a fair procedure prior to the termination. Employers can retrench employees, or dismiss them for poor performance or misconduct as elaborated below:
Retrenchment
An employer may downsize his workforce when there are cogent business reasons for doing so. He is expected to avoid retrenchment if at all possible. For example, a voluntary separation scheme may be introduced to reduce the numbers of workers employed, a hiring freeze could be instituted, cost saving measures initiated and so on. If retrenchment cannot be avoided, the choice of workers to be removed from the payroll must be done in an objective manner. The Industrial Court frowns upon any criteria other than “last in, first out” (LIFO). Employees should be given adequate notice before they are retrenched and, where appropriate, retrenchment benefits should be paid. Employees who are not within the scope of the Employment Act will not be entitled to retrenchment benefits unless their personal contract specifically includes such a provision – which is unlikely.
Poor Performance
If an employee’s work is not reaching an acceptable standard, as defined by the employer, the latter has the right to terminate the employee’s contract. Before termination, however, the employee should be given a written warning which outlines his deficiencies; he should be given adequate time to improve and he should be given assistance to improve. If, after such measures have been taken, the employee still does not meet the work standards required, he may be dismissed.
Misconduct
Any employee found guilty of a major misconduct may be dismissed. Any act of misbehavior which is minor should be dealt with by way of an alternative, and lesser, punishment. Before dismissing an employee for misconduct, an employer should investigate the alleged act of misconduct thoroughly and hold a formal domestic inquiry to give the employee an opportunity to defend himself.
By 6.50 p.m., Professor Maimunah almost completed the talk. She then opened the talk to the Q&A session of which she managed to answer a string of questions from curious participants. By 7.10 p.m., Sdr. Kok Hee Poh invited Ir. Chong P.E. for a short speech. Ir. Chong praised the speaker for her interesting talk. He also thanked the speaker for conducting the talk. Finally, he presented a token of appreciation to Professor Maimunah on IEM’s behalf. The talk effectively ended at 7.15 p.m.
The G&S Section and IEM also wish to thank Professor Maimunah for conducting an informative and successful talk.
Example 2
Explanation on PCB
NOTA_PENERANGAN_JADUAL_PCB_2010_2.pdf ( 551.21k )
Number of downloads: 736This post has been edited by aurora97: Jun 24 2014, 02:26 PM
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