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Resignation during probation period (did not serve notice)

desmond
Member
Fri, 06 Feb 2015 04:21:08 PM  (Last updated: Sun, 08 Feb 2015 08:26:30 AM)

Started work on 2nd January 2015 but it is 1st of January 2015 as stated in offer letter.

Due to personal reason i have to resign from the company on 14th January 2015. The day stated on my resignation letter is 14th January 2015 and they did not give any acceptance of resignation letter to me or a copy of my resignation letter. Just verbally that i can stop working.

Company A did not state on how many days of notice for resignation during probation period and they never shown any company handbook stating this policy and i did not sign any document stating the notice period resignation during probation period. It is not stated on the offer letter also.

Now they are paying me only 1 week of wages saying they have a 7 days notice. Just wanted to know can they do that?

And i dont know how to calculate the wages even if they paid me for 1 week of wages.

Basic salary RM2500, petrol allowance RM400, mobile allowance RM150 as in stated in offer letter. The pay for 1 week is only RM688

​Please advise.

Thank you.

KL Siew
Administrator
Sun, 08 Feb 2015 08:26:30 AM

Under the Employment Act. the minimum notice period for termination of service is 4 weeks notice if there is nothing mentioned about notice period in the appointment letter. However, you are not covered by the Act as your salary is more than RM2000. As such there is no basis to refer to whether it should be 1 week notice or otherwise. But, under Section 69B of the Act, you are still entitled to bring the matter up with the Labour Department for any non payment of salary, which in your case is the deduction of 1 week salary. So, let the department  look into the matter and decide

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