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Resignation with buyout

keisha
Member
Fri, 11 Aug 2017 11:29:23 PM  (Last updated: Sat, 12 Aug 2017 02:06:53 PM)

Hi All,

I have tendered my resignation with my current employer stating that I will serve the 1 month of my 2 months notice period and my new employer will buyout the remaining month and my balance AL will be offset. My immediate manager tried negotiating with me to make me serve 2 month notice period instead and reject my buyout. I did not agree and wanted to proceed and after a week of negotiating, my manager finally accept via email but my director not agreeing to it. My employment contract stating that either party may end the contract by giving  2 month notice or payment of salary in lieu and there isn't anything that state that employer may reject the payment of salary in lieu. My HR willing to proceed the buyout but my director making issues saying he cant agree a he need to get a backfill before I go.

I'm a senior and there are 2 juniors under me and I do not understand what is holding them as I have also already handover my task to my juniors and I don't think so that they can find a replacement within another 1 and half month. 

I'm really looking forward to join the new company where I have agreed with the joining date which will be right after my 1 month notice.

Kindly help to advise what I can do as I do not want to give up.

T E TAN
Member
Sat, 12 Aug 2017 02:06:53 PM

Malaysian law recognises that the employer has the right to organise his business operations in the most efficient manner he deems fit. Therefore in the area of employees' annual leave, the court also give the employer this right to approve or not to approve the leave. If leave not approved, the employer has pay in lieu. In your case, your employer chooses not to approve your leave and prefers to pay you for staying till your last working day.

Legally you are in a jam unless you want to challenge your employer in a court of law, in case they take action against you.