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Please Help - Unpaid notice period, is it legal?

Yoyowee
Member
Mon, 02 Nov 2015 04:36:14 PM  (Last updated: Tue, 03 Nov 2015 03:53:59 PM)

Please help! I need advice~

I resigned during my probation period and as noted in the contract, I will only need to give a two weeks notice.

Things got complicated:-

I was told that I will have to serve an extra 2 weeks notice on top of the initial 2 weeks without any salary. The reason that they gave me was because when I first started, the company insisted me to attend a 5-day course outside of Malaysia. During the period I was given travel allowances, and still taking my monthly salary. So, the company would like me to pay that amount back by serving 2 weeks unpaid notice. And also return my 5-day's salary. So, in total i will have to pay back the cost of the course, the allowance and the 5-days salary. Is this legal? 

  • It wasn't written in the contract that I would need to pay any of the training fee when we resigned. Do I have a say in the unpaid notice period?   
  • During the resignation period, can I take my sick leave with doctor's mc? Will company have the right to ask me compensate the sick leave day?
KL Siew
Administrator
Mon, 02 Nov 2015 06:56:02 PM

1. After spending money to send you overseas for training and you want to walk away from them, naturally they will feel unhappy about it. I think up to you whether you will accept their demands or not.

2. You are entitled to take sick leave if certified by the company doctor. If the company has no panel doctors, you can then consult other medical practitioners.

Yoyowee
Member
Tue, 03 Nov 2015 01:00:56 PM
Originally posted by KL Siew on Mon, 02 Nov 2015 06:56:02 PM

1. After spending money to send you overseas for training and you want to walk away from them, naturally they will feel unhappy about it. I think up to you whether you will accept their demands or not.

2. You are entitled to take sick leave if certified by the company doctor. If the company has no panel doctors, you can then consult other medical practitioners.

They suggested that I will not get paid or they would take legal actions if I do so.

Even by providing a valid medical certification, they want me to work by sending me emails instructing me to complete some of the task on last minute notice. I am really not feeling well and needed rest, but it doesn't seems like they bother. Would there be any legal actions on me if I refuse to do work on my sick leave day with a valod MC?

KL Siew
Administrator
Tue, 03 Nov 2015 03:53:59 PM

If there is no way for both of you to settle the matter amicably then you just do your part and let them take their action. Should there be disputes, bring the matter up with the authorities like the Labour Department or the Industrial Relations Department. Let them investigate and decide who is right or who is wrong.

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