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First Time Resign

Tearheaven
Member
Thu, 30 May 2013 03:29:37 PM  (Last updated: Fri, 31 May 2013 10:55:19 AM)

Dear Sir,

First time to resign, can help me solve the issue as following?
I joint com company on 1st June 2010, tender resignaton letter on 4rd June 2013.
Resignation need 2 month notice, is it mean the last day serving is 4rd August 2013?
In what circumstances, Employer can reject my resignation letter?
My 2012 C/F leave 18.5days, Year 2013 as at June 8 days, leave taken 7days = Balance 19.5days
So when is my last day? Can Employer not allow to deduct the notice with my leave?
My salary package is Fixed Salary + Allowance (RM 4700), will it affected to my salary when I serving my leave  
during resignation?

Thanks in advance.

StarS
Member
Thu, 30 May 2013 04:29:55 PM

Hi Tear,

I try answer on your last working day

Tender 4 June (since 2 month's notice)

Your Official last working day will be on the 3 August

Once deduct your 19.5 AL (as u mention) your last physical working day will be on the 12 July afternoon. (My calculation 6 days week)

If your employer ask u to work until your last day on the 3 August, your employer have to pay 19.5 AL to you.

Your salary wont get effect when u serve your leave during resignation except for 1 - 3 August will be pro-rated salary.

mdkamil
Contributor
Thu, 30 May 2013 04:40:36 PM

This what is practiced in my company.

If the date of your resignation notice is 4th June and you have to give 2 months notice, your last day of service will be on 3rd August.

If notice is properly served in accordance to terms & conditions, Employer is not in the position to reject. However, the employer has the right to negotiate or to make counter offer so that the employee withdraw the notice of resignation.

If your AL balance is 19 days and if you work 5-days week, my calculation is you can start take your leave on 8/7/2013. You have to apply the leave as normal procedure, and if the leave is not approved you have to work as usual but the employer must pay the balance of leave not taken.

If you utilise your leave as approved by the employer, it should not affect your salary & allowance.

Tearheaven
Member
Thu, 30 May 2013 05:17:07 PM
Originally posted by mdkamil on Thu, 30 May 2013 04:40:36 PM

This what is practiced in my company.

If the date of your resignation notice is 4th June and you have to give 2 months notice, your last day of service will be on 3rd August.

If notice is properly served in accordance to terms & conditions, Employer is not in the position to reject. However, the employer has the right to negotiate or to make counter offer so that the employee withdraw the notice of resignation.

If your AL balance is 19 days and if you work 5-days week, my calculation is you can start take your leave on 8/7/2013. You have to apply the leave as normal procedure, and if the leave is not approved you have to work as usual but the employer must pay the balance of leave not taken.

If you utilise your leave as approved by the employer, it should not affect your salary & allowance.

Thanks, if in case I really need to leave company early because of other plan, to work until 3rd august is my obligation or relationship With employer?Mean, do I have the right to leave the company early with the leave deduction? I do not want to stay any longer. Is law protect employee? Second, I do not have any contracts binds, just a normal employ as full time. Is there any way employer can deny or reject?Third, My date of tendering resignation will be the final date start count or start from the date employer accept my letter? Thanks
Tearheaven
Member
Thu, 30 May 2013 05:18:45 PM
Originally posted by StarS on Thu, 30 May 2013 04:29:55 PM

Hi Tear,

I try answer on your last working day

Tender 4 June (since 2 month's notice)

Your Official last working day will be on the 3 August

Once deduct your 19.5 AL (as u mention) your last physical working day will be on the 12 July afternoon. (My calculation 6 days week)

If your employer ask u to work until your last day on the 3 August, your employer have to pay 19.5 AL to you.

Your salary wont get effect when u serve your leave during resignation except for 1 - 3 August will be pro-rated salary.

Thanks for your help. Is bonus affected? As bonus appraisal is calculate based on employee previous performance. Right?
StarS
Member
Fri, 31 May 2013 10:19:22 AM
Originally posted by Tearheaven on Thu, 30 May 2013 05:18:45 PM
Thanks for your help. Is bonus affected? As bonus appraisal is calculate based on employee previous performance. Right?

yes correct.

If bonus payout this year so its based on last year performance however if the payout is after ur last working day you cant do anything about it. If payout bonus within your resignation period u might get your bonus but all depend on the management discretion and on your appoinment letter. You might wanna see your letter back what its stated on the bonus part.

mdkamil
Contributor
Fri, 31 May 2013 10:55:19 AM
Originally posted by Tearheaven on Thu, 30 May 2013 05:17:07 PM
Thanks, if in case I really need to leave company early because of other plan, to work until 3rd august is my obligation or relationship With employer?Mean, do I have the right to leave the company early with the leave deduction? I do not want to stay any longer. Is law protect employee? Second, I do not have any contracts binds, just a normal employ as full time. Is there any way employer can deny or reject?Third, My date of tendering resignation will be the final date start count or start from the date employer accept my letter? Thanks

First, if you have annual leave you have the right to utilise the leave. But as in my company the resigning employee still need to follow our standard practice of apply the leave and get the superior's approval. The employer has the right not to approve the leave probably to ensure the task hand-over process is properly done.

Second, (I assume your question is whether employer can deny or reject leave). Yes. Contract of service is not necessarily in writing. It can be in oral as well.

Third, the date should be taken from the date of your notice of resignation.

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