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Permanent staff resigned without giving notice

Cheryl
Member
Fri, 25 Apr 2014 09:47:45 AM  (Last updated: Fri, 25 Apr 2014 05:11:13 PM)

Dear Sir,

There is a staff in my company who worked for 11 months. Lately, he resigned and left immediately. He said he has checked with someone that he has the right to leave immediately without giving notice or make any compensation.

According to the appointment letter that he has signed, he has to give 3 month notice from either side or basic salary in lieu. Therefore, can we take legal action on this staff?

Thanks

Cheryl

KL Siew
Administrator
Fri, 25 Apr 2014 11:12:07 AM

You can claim 3 months salary as indemnity in lieu of notice. If his salary is not more than RM2000 you can go to the Labour Department and make a claim against him. If his salary is more than RM2000, you may have to sue for it in court.
 

Cheryl
Member
Fri, 25 Apr 2014 12:29:21 PM
Originally posted by KL Siew on Fri, 25 Apr 2014 11:12:07 AM

You can claim 3 months salary as indemnity in lieu of notice. If his salary is not more than RM2000 you can go to the Labour Department and make a claim against him. If his salary is more than RM2000, you may have to sue for it in court.
 

Dear KL Siew,

His salary is exactly RM2000. So, I need to call to Labour office first?

KL Siew
Administrator
Fri, 25 Apr 2014 05:11:13 PM

Yes.

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