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Notice of Resignation

Kelvin Pon
Member
Wed, 23 Nov 2016 09:41:33 PM  (Last updated: Mon, 28 Nov 2016 01:01:55 PM)

Hi,

Good day to you.

I'm here to seek for your advice for my notice of termination.

I'm currently a probationer who earning more than RM5k and has tendered resignation. My company policy stated the notice of resignation for my level/ position before confirm is 1 month and after confirm is 2 months or pay-in-lieu of such notice. That is also a clause stated: Due to the diverse nature of the appointments, in certain cases the notice of resignation maybe different, in which case the conditions stated in the letter of employment would apply.

In my Letter of Appointment, it stated there: Each party shall have the liberty to terminate the service by serving the other two month's written notice or salary in lieu thereof.

My question is:

1) Can I argue that is not spell out clearly in my Letter of Appointment the 2 months notice is apply for either before/ after confirmation?

2) If my H.O.D and GM has no objection to release me early, can HR insist to apply the 2 months notice clause?

Thanks in advance for your advice.

KL Siew
Administrator
Thu, 24 Nov 2016 08:20:53 AM

1. In my opinion, if the notice period stated in the appointment letter is two months without having different notice period for probation and confirmation, you will have to give 2 months notice or 2 months salary in lieu.

2. Try to get your GM to tell your HR what to do with the notice period in your case.

Kelvin Pon
Member
Thu, 24 Nov 2016 09:58:29 AM

Thanks for your reply.

Kelvin Pon
Member
Fri, 25 Nov 2016 06:05:01 PM

Hi,

Do you know how to calculate the pay-in-lieu? Is weekend suppose to be capture in?

For example is my basic is RM5,000.00, my last day suppose is on 20/01/2016, but I only serve until 03/01/2016, what is suppose the pay I have to bear?

Sorry for trouble you again.

KL Siew
Administrator
Fri, 25 Nov 2016 06:42:48 PM

It should be from 4 Jan to 20 Jan( 17 days) including weekend and holiday if any.

Khoo Pei Ling
Member
Mon, 28 Nov 2016 01:01:54 PM

Hi,

I resigned on 7 March 2016 - 3 months notice and in my goodwill, i already worked until 4/7/16. But my ex-boss who is a lawyer, continue issue lawyer letter to me said my work not done and create more hardship to me. Can i lodge a report to labour department? 

Thank you

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