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Tender of resignation

barbara
Member
Mon, 02 Jun 2014 05:29:49 PM  (Last updated: Thu, 05 Jun 2014 09:45:49 AM)

Dear CK

My colleague tendered his resignation on May 30th 2014, giving 3 months notice as required. Hence his last day is 30 August 2014.

The company has requested him to leave early by end of this month. He has opted to get paid for his  4 days prorated annual leave entitlement.

How do i calculate his salary in lieu of notice, especially for June 2014 , when is his last day ?, plus the two months (July & August what is his total salary due to him in lieu of early notice to go.

thks

barbara

KL Siew
Administrator
Tue, 03 Jun 2014 09:29:02 AM

I think just pay 3 months full salary plus 4 days annual leave will do.
 

Jun
Member
Tue, 03 Jun 2014 02:57:50 PM

Hi,

Our staff earning more than RM2000/ was admitted for medical reason for a week.Subsequently went on continued medical leave since then. (From 25/4/2014 to 2nd JUne 2014)

Today 3rd June 2014 he has sent a fax resignation . One month notice but with any MC for this period.  If he sends and MC can he stay on MC and consider it One month notice?

Pl advice

Jun

KL Siew
Administrator
Tue, 03 Jun 2014 03:31:36 PM

To Jun

Actually one must work during notice period. So, in this case, valid MC should be recognized but for other days he must be present for work. Otherwise, he must pay indemnity to the company.

DT66
Member
Wed, 04 Jun 2014 02:39:40 PM

Hi,

I have tendered my resignation and requested for an early release (notice period is 2 months). However, the Management declined my request asking me to serve full notice. At the moment, I have finished all tasks on hand, hence the request for early release. Now that it got rejected, my superior has started throwing more jobs for me to complete, and some of them are on ad hoc basis with tight deadlines and there is also one that is out of my normal scope. I have researched that the notice period is created in the first place to accommodate the handing over process and for the employee to finish whatever job he/she has on hand.

My question is, if I refused to take up any new jobs, or complete the job poorly, can my employer take any action against me? If they can, means there is a room for them to sabotage me by saying my work is not up to expectations? Please help and appreciate if you could shed some light on this matter.

KL Siew
Administrator
Wed, 04 Jun 2014 03:53:06 PM

If they don't accept your request, you have to serve full notice and work to your best of ability. Alternatively, you can pay indemnity to the company if you want to go early but don't  refuse to work or do work badly.

DT66
Member
Wed, 04 Jun 2014 04:37:34 PM

Thank you for your reply. I understand I should perform to my best ability, however, if my supervisor hold grudges against me, can he set me up by saying I perform badly and take action, like hold my salary or fire me when resignation has been tendered?

Michael
Contributor
Thu, 05 Jun 2014 09:45:49 AM
Originally posted by DT66 on Wed, 04 Jun 2014 04:37:34 PM

Thank you for your reply. I understand I should perform to my best ability, however, if my supervisor hold grudges against me, can he set me up by saying I perform badly and take action, like hold my salary or fire me when resignation has been tendered?

I don't think they can hold your salary later than then 7th and they should cleared all the necessary lawful deduction on your last day.

As for termination, it must involve a real serious issue/major misconduct and DI has to be conducted to prove it. Otherwise, an employer cannot easily terminate an employee. However, if such termination case happened to you and you feel that it's an unjust termination, you can see for legal assistance from the Industrial Court.

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