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Advice needed on wages offset by employer for notice period

Calvin Tan
Member
Thu, 28 Dec 2017 09:18:54 PM  (Last updated: Sat, 30 Dec 2017 12:29:47 AM)

Hi ,

could someone please advice on course of action that can be taken. It all began like this;

Employee was at working site and came into a verbal confrontation with a senior employee from another department and was asked by the senior employee to leave the site and to hand in his resignation letter the next day. (All this just because the employee asked the senior employee not to touch him as he has injury on his arm when the senior employee wanted to tap the employee shoulder but the employee avoid it)

The employee informed his immediate superior on the matter but nothing was done so the employee sent out an email to all relevant party to informed them that he will be resigning under the instructions of the senior employee. No response from all parties including the employee superior. 

Email was sent out on Friday evening. The following week when the employee turn up for work, he was not given any task/job to work on. His superior hand out task to others except him .  Then the next day (Tuesday) due to family emergency, the employee didn't manage to inform his superior that he can't make it to work but sent out an email explaining the situation the next day(Wednesday) before he goes to the office. Same thing happen as Monday , he was not given any task when he report for work. 

Cut the story short, the company close for operation for a week for Christmas and company policy said wages will be deposit into employee's account by 26th of every month. When the employee ask his colleague , they all have received their wages so the employee approach the HR and was given the reason resigned staff will be paid by cheque but since company close for Christmas, he will have to wait until after Christmas . 

Today the employee received a letter from the company stating that his salary has been offset because he didn't serve his 2 months notice period but the employee was told that he do not need to serve his 2 months notice period and can leave immediately when he went to the office to returned all the company's belonging the day before that.

Please advice on the course of action that can be taken by the employee.

Thank you.

Calvin Tan

Gon
Contributor
Fri, 29 Dec 2017 05:42:59 PM

1 thing to clarify senior employee = senior management?

The employee should not tender his resignation at the first place. When senior ask employee to leave, employee should ask him to issue termination letter to him instead of tender resignation. With the termination letter on hand, you can complaint for unfair dismissal and challenge them in court. But this is not the case for resignation.

For the notice part, employee should get a black and white first for no requirement to serve the notice. Example notice waiver approval from the boss in written form.

If you have that, then you may proceed to labour office to claim back the wages due to you.

Calvin Tan
Member
Fri, 29 Dec 2017 11:32:31 PM
Originally posted by Gon on Fri, 29 Dec 2017 05:42:59 PM

1 thing to clarify senior employee = senior management?

The employee should not tender his resignation at the first place. When senior ask employee to leave, employee should ask him to issue termination letter to him instead of tender resignation. With the termination letter on hand, you can complaint for unfair dismissal and challenge them in court. But this is not the case for resignation.

For the notice part, employee should get a black and white first for no requirement to serve the notice. Example notice waiver approval from the boss in written form.

If you have that, then you may proceed to labour office to claim back the wages due to you.

Senior employee = management level but different department. The employee doesn't know what to do as his own superior doesn't respond and that leave him no choice but to put it in or else they could issue him warning letter for insubordination. (that was mentioned when the senior employee told the employee to put in his registration by tomorrow)As for the notice part, the person who was put in charge of the matter and attended to the employee on returning the company's belonging is also from the upper management and he himself said that the employee does not need to serve the 2 months notice period when the employee ask about it. (I was there with the employee and I heard it as well) What I felt is that the company gave the employee the run around so that they could issue that letter out right after Christmas (office was closed for a week before Christmas day). Please advice. Regards,Calvin
Gon
Contributor
Fri, 29 Dec 2017 11:49:42 PM

without black and white very hard to prove to labour office as they need proof too.

The question here you may challenge them is why HR never try to call the employee and issue show cause letter for not serving notice.

Calvin Tan
Member
Sat, 30 Dec 2017 12:29:47 AM
Originally posted by Gon on Fri, 29 Dec 2017 11:49:42 PM

without black and white very hard to prove to labour office as they need proof too.

The question here you may challenge them is why HR never try to call the employee and issue show cause letter for not serving notice.

Thank you for the advice. I was thinking of that as well.

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