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3 Months Notice Period! That's Too Long!

Expat2016
Member
Wed, 11 Jan 2017 02:47:44 PM  (Last updated: Tue, 17 Jan 2017 04:27:36 PM)

My contract says that whenever I resign, the notice period is 3 months. I've been working on this company for more than a year.. Then now another employer contacted me and we had an interview and I luckily passed the interview and I was given a significantly better salary offer... The problem is that the 3 month notice period, which is too long that my new prospective employer might change his mind on hiring me. He already need me but I cannot get out early from my current employer because they said that I really need to complete that 3 months notice period.

So my question is, is it advisable that I will not complete the 3 months notice period and just get out from my current employer? Let's say there are 2 scenarios on this:

a.) I'm busy but I will get out from the company 1 month after giving the resignation letter, whether they agree or not.

b.) I'm not busy (no tasks/projects) so I will get out from the company 1 month after giving the resignation letter, whether they agree or not. I think this will not cause any damage to the company since I'm not doing any tasks.

If you have any other advice, kindly state it. This 3 months notice period is really so unfair. It limits the employees to look for a better source of living.

Thank you.

KL Siew
Administrator
Wed, 11 Jan 2017 04:04:29 PM

Notice period applies equally to both employer and employee. What you can do or should do is to pay compensation to the company, for example, if you give only one month notice, you will have to pay two months salary as compensation for the two months short notice.

When you join the new company, you should pay attention to the length of  notice period will be there, before you accept the job.

Expat2016
Member
Wed, 11 Jan 2017 08:05:14 PM
Originally posted by KL Siew on Wed, 11 Jan 2017 04:04:29 PM

Notice period applies equally to both employer and employee. What you can do or should do is to pay compensation to the company, for example, if you give only one month notice, you will have to pay two months salary as compensation for the two months short notice.

When you join the new company, you should pay attention to the length of  notice period will be there, before you accept the job.

Actually in my contract, it says that I can either complete the 3 months or pay it. But my employer said that the decision whether to complete 3 months or to pay it can only be decided by them. Are they telling the truth? Do they really have the last say on which method should be applied? 

KL Siew
Administrator
Thu, 12 Jan 2017 08:35:23 AM

You can go and get a second opinion, an official one, from the Labour Department. Give them a call and talk to the officer there.

Expat2016
Member
Tue, 17 Jan 2017 11:41:09 AM
Originally posted by KL Siew on Thu, 12 Jan 2017 08:35:23 AM

You can go and get a second opinion, an official one, from the Labour Department. Give them a call and talk to the officer there.

Hi. I can do that, but does it have a fee to consult a lawyer?

Anyway, what if I just AWOL?... Can you enumerate the risks that I'm going to face when I do AWOL? I'm an expatriate with a working Visa here in Malaysia. I don't know what will happen to me if I do that? Will I be banned here? What will happen to my Visa?

KL Siew
Administrator
Tue, 17 Jan 2017 04:06:08 PM

You don't want to make a name for yourself I suppose.

Expat2016
Member
Tue, 17 Jan 2017 04:16:30 PM
Originally posted by KL Siew on Tue, 17 Jan 2017 04:06:08 PM

You don't want to make a name for yourself I suppose.

It depends on what will gonna happen. That's why I need to know the risks before I know if I will really going "to make a name for myself".

Life is really unfair. Employers dominate workers. They can easily bond them, without thinking on their "other" opportunities to grow financially... 3 months is so unfair, 1 month is fair.. That's why we, workers, should somehow do risks or sacrifices  because the law does not always protect what is just... If the law is just, then 3 months notice should be restricted.

So, may I know the risks that I'm going to face?

KL Siew
Administrator
Tue, 17 Jan 2017 04:27:36 PM

But AWOL is a misconduct, that may not go down well with prospective employers should they come to know about it.  Besides, you still can be sued and you might have to fight a court case. To me AWOL is a bad move.