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Resignation without Letter of appointment/offer ir contract

Mon, 04 Jan 2016 03:14:58 PM  (Last updated: Mon, 04 Jan 2016 06:09:31 PM)


I am working in a small accounting firm since end of 2011 with monthly salary of RM2,200. The firm consists of 3 bosses and 2 accountants including myself.

Basically one of the bosses who interviewed me just straightaway asked me to start working the next day after my interview session and after informing my monthly salary. As for the further details e.g. annual leave, increment or probation period, he had verbally informed me that 'that can be discussed along the way'.

Hence, i commenced employment with the form without knowing my probation period etc. After few weeks I started work, I began to asked my boss about my Letter of Appointment/Offer or contract, to which he asked me to get it from my accounts clerk. But my account clerk said that is between me and my boss as to what terms we have agreed. As my boss is a busy person and my account clerk's attitude, despite repeated requests made to both of them during the beginning of my employment, I still havent been given any letter of offer or etc UNTIL TODAY. In fact, I was not allowed to take leave during the 1st year of my employment (only informed by my boss when I wanted to apply for leave during the 1st year). About my annual leave, our firm's 'policy' is that only one person is allowed to take leave at one period. So from my 2nd year onwards, I did take leave when my bosses allowed me and when no one in the firm is on leave. On average, I have taken 10 days of leave per year on my 2nd -4th year, and that is the same case with my colleague.

Now my monthly salary has been increased to RM3K starting December 2015, and I'm thinking of resigning. But I have few concerns that need your advice:-

  1. Since there's no letter of offer/appointment, how long should my resignation notice be? I am thinking of giving one-month notice, but I can foresee that my bosses, esp the one who interviewed me, will make noise and insist for 2 months or more. (BTW, My other collegue who joined the firm earlier than me did sign an employment contract that needs to be renew annually. But according to her, the firm has stopped asking her to renew after the completion of her 2nd year. She said that the boss said that there's no need to renew anymore since it is 'well-known' that they can refer back to the old contract in case of any disputes. Anyway, I did not ask her how long is the resignation notice stated in the contract.)
  2. Without any letter of offer/appointment, does the firm has the rights to insist that i give them 2 months notice or more? I am quite sure my boss will make a fuss over the notice of resignation, including suing me.
  3. Do I have to tender my resignation letter to all 3 bosses? Or any one will be sufficient? The boss who interviewed me is always travelling and not in the firm. But I will want to tender my resignation letter to him and leave the office  a.s.a.p. 
  4. Can I tender my resignation letter to my boss through email, since he is not in office most of the time? Will it be effective from the day I email him and inform my account clerk? I will still inform the other 2 bosses, but I'm quite sure they will ask me to talk to my boss who interviewed me, since he is the one who manages the staff issues e.g. hiring.

Thank you.

KL Siew
Mon, 04 Jan 2016 06:09:31 PM

(a) Since there is no appointment letter or verbal agreement on notice period, I think it is up to you to decide or to mutually agree upon with the bosses on a suitable notice period for resignation.

(b) Since there are 3 bosses, you may as well give the notice to all three of them.

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