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 Resignation Handbook, Revamp in progress 240614

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carrozaria
post May 28 2014, 05:29 PM

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QUOTE(dimstar @ May 10 2014, 07:14 PM)
hello guys need advice on this matter

My staff, frequently absents from work and there have been multiple warning letters issued to him, so instead of terminating i gave him a final offer, to provide me an undated resignation letter(with his signature), and if such problems persist again, the resignation letter will be delivered to admin/hr for due process

My question is, is it wrong/illegal for me to do something like that?to ask a staff to prepare a resignation letter beforehand
(he already has 3 warning letters - same offense)and this is like the final straw for me

can he take action against me for doing so?

any reply would be greatly appreciated
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Of course he can consider constructive dismissal

carrozaria
post May 26 2015, 03:03 PM

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QUOTE(raptar_eric @ May 26 2015, 11:28 AM)
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
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the way i look at ur case, it is due to u being so important to the company, the excuse given is so secondary wink.gif
carrozaria
post May 26 2015, 03:09 PM

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QUOTE(imahappyklown @ Apr 2 2015, 05:32 PM)
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?
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'she's going to a competitors' company', should the company feel so, if yes based on what? it sounds a bit personal rite
carrozaria
post May 26 2015, 03:11 PM

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QUOTE(aurora97 @ Apr 2 2015, 07:13 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.
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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.
carrozaria
post May 26 2015, 03:58 PM

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QUOTE(raptar_eric @ May 26 2015, 03:52 PM)
so by law, there is no such thing as my employer choosing 'not' to accept my resignation letter right?
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yup, it is all about the notice to be served so should u fail to comply u pay, should the company fail to comply they pay that is all

This post has been edited by carrozaria: May 26 2015, 03:59 PM

 

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