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start work during notice period

amylsh27
Member
Fri, 09 Feb 2018 07:55:49 PM  (Last updated: Fri, 09 Feb 2018 11:56:22 PM)

Hi,

I tendered my resignation and 2 months notice from 12/12/2017 - 11/02/2018

i requested to early release by 3rd Feb to clear my annual leave 5 days,

By the next week i started to work at the new company (which i am still under the

last week of the notice period)

May i know is this against labor law? and my previous company have the right

to hold my salary or sue me?

May i know what is the consequences if they sue me? 

Very appreciate for your kind advise,

KL Siew
Administrator
Fri, 09 Feb 2018 08:29:45 PM

Starting working with new company during the period may not be a problems, but did you apply to clear your leave balance and got the approval? If not, they may withhold your salary to pay the indemnity for the short notice from 3 Feb to 11 Feb.

amylsh27
Member
Fri, 09 Feb 2018 08:44:39 PM
Yes i applied to clear leave and get the approval from my manager.
KL Siew
Administrator
Fri, 09 Feb 2018 10:39:37 PM

What you can do now may be just wait and see.

amylsh27
Member
Fri, 09 Feb 2018 11:32:28 PM

honestly, my previous manager accussing me steal company info and joined competitor's company , which they dont have any proof for that, and they actually found out i'm started working under my current notice period, im not sure that any labor law can protect me or basicly i'm the one that against the labor law,

Fyi, my offer letter never mentioned that employee not allowed to join competitor company after resign,

Thanks again,

amylsh27
Member
Fri, 09 Feb 2018 11:32:31 PM

honestly, my previous manager accussing me steal company info and joined competitor's company , which they dont have any proof for that, and they actually found out i'm started working under my current notice period, im not sure that any labor law can protect me or basicly i'm the one that against the labor law,

Fyi, my offer letter never mentioned that employee not allowed to join competitor company after resign,

Thanks again,

KL Siew
Administrator
Fri, 09 Feb 2018 11:56:21 PM

The Employment Act has no provision pertaining to the matter. Since there is no restriction clause in the contract about joining competitor, then I think they have no ground to sue you.

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