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URGENT HELP: Dispute over resignation notice period during probation

Danny
Member
Wed, 22 Jun 2011 11:30:33 AM  (Last updated: Fri, 24 Jun 2011 08:07:17 PM)

I appreciate any urgent help from the forum regarding my situation. I feel my rights as an employee had been literally neglected by this "MNC" and they had not act according to the terms of contract both the CEO and myself had signed. Below is my situation:

I have submitted my resignation to the company I joined 3 weeks ago for a way better offer overseas. In the terms of employment it is written:

"Either party may give the other party the notice in writing of their intention to terminate this employment contract as set out below: probationer - one month notice or pay an indemnity of one month salary in lieu of the notice"

But my senior manager had informed me verbally that my resignation will take effect immediately and I will be paid on a prorata basis (meaning the company will only pay me the amount of days I worked for the company). I had insisted on a letter from HR regarding this but I had not receive it. I believe this is a breach of labour laws plus the conditions of my employment contract and my options are to either:

a) serve the company for a further 1 month which I will happily do

b) the company have to pay me 1 month salary even if I am released prematurely

Please advice how to seek compensation should I am terminated within 24 hours and not paid the 1 month salary as indemnity. Will appreciate any help provided. Thanks in advance!!

KL Siew
Administrator
Thu, 23 Jun 2011 09:02:25 AM

Let your HR know what your senior manager had told you. Deal with your HR. The  company should pay you the one month salary if they want to leave immediately.

Danny
Member
Thu, 23 Jun 2011 09:35:33 AM

Thanks so much for your reply.

Yes I'm now waiting for an official letter from HR but I doubt they will want to issue one becuz it clearly violates the terms of contract. I believe my salary should be paid in full for June 2011 and prorated July 2011.

Another issue is regarding car allowance which is another separate letter signed by the CEO and myself. I believe the company should also pay me for June 2011 and prorated 2011. Please advice if otherwise.

Since it is nearing the end of the month now, I am now not sure how much they are gonna pay me or if they are gonna pay me at all. In the event I am only paid partially of what I deserve (and most probably without an official letter explaining the reason), where and who can I go to?? Is there a labour law small claims tribunal similar to the consumer tribunal?

Again, many thanks for your help in this!!

KL Siew
Administrator
Fri, 24 Jun 2011 08:07:17 PM

You may have the time to tackle the issue since you are going to work overseas. If you think you still have time, approach the local Labour Department see whether they can be of any help or else you may have to get a lawyer to send to the company a letter of demand for whatever amount due to you.

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