Hi Aurora
Thank you very much for your reply...
Actually, before this i have tendered my resignation on november 28, 2008, by hand and face to face. On that day my boss asked me to consider and he gave back to me the resignation letter. My boss also told me, if i still want to proceed with resignation, he asked me to give the letter whenever i like.
My boss, seldom come to office...when i gave the letter to HR..they don't want to accept, and asked me to give the letter personally to my boss..i have been waiting for him to come for almost 2 weeks...i understand this has been very rude...but i have no choice...
In contract, it is not stated that 3 superiors must be in the office to discuss the resignation..and according to my contract, 1 month notice is required if resign.
for the whole week they have been avoiding me..if one superior come the other one will not come and the HR have been MC for the whole week, and my boss only come to office on last friday (the house is nearby our office) and
at last, last friday..he discussed this matter with me (without the other 2 superiors present).
He told me that he will not accept my resignation..and he gives me one condition if i want to leave: I have to find the person to replace me and train that person, then only i can go off. Again..this condition is not stated in my contract.
For your info, i am not malaysian..i am working using visa...so that's why i require the released letter as requested by immigration to proceed my visa.
What should i do now?
QUOTE(aurora97 @ Jan 22 2009, 05:49 PM)
After some consultation with my colleagues, your answers to your questions are as follows:
1. If your immediate boss or a superior doesn't accept your resignation letter, you can proceed to serve it on the HR Dept. Read back your contract, I am doubtful you need 3 superiors to be present to discuss your resignation from the company. Follow what is stated in your contract, if it only mentions you have to give 1 month notice to terminate your contract than 1 month notice would be more than sufficient.
Further to the above, I am doubtful a company can avoid or stop a person from resigning from a company should he/she choose to do so. So pass your resignation letter to HR Dept and have someone "Acknowledge receipt" [very important!!] and wait out your 1 month.
2. I just enquired with my colleague (who does IR/Employment related stuff) a release letter is not a must, if u have it, it just formalizes your termination but nothing more than that. If you don't have it, it won't jeapordize your career. So your termination letter will be very important to evidence that you had resigned from the company from your own chooosing and not because your left cause you were sacked or gone AWOL (leave without reason and joined another company).
3. Like i said in items 2. release letter isn't that important as it sounds [unless I may be wrong], so once you give your notice of 1 month and you have worked until the effective date of your termination your free to go.
4. Now I will not recommend anyone to send resignation by email or to send a hardcopy to your boss when your boss is not around:
To give ur resignation leave it on his desk when his not around=
a) Rude.
b) May create even more tension.
c) burning bridges.
d) no acknowledgement
Unless your absolute sure that handing in your resignation when your boss is not around is a good idea, I suggest that this mode be the very very very last option or avenue.
Email=
a) no one acknowledgement (might go into junk folder who knows.)
It's advisable if your not seeing eye to eye with your boss or ur boss is being an a$$ or for whatever the reason is, just give your termination letter to HR Dept. Make sure again that they acknowledged it so that your notice of termination will be effective the moment someone acknowledges and receives your letter.
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Problems?
I foresee only one issue, the company withold your salary on the grounds your termination wasnt valid. It's only the money issue will hold you back and they can threaten you with, thats why getting your termination letter & observing the terms of your employment contract is very important.