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Employee resign without notice

NewEmpCC
Member
Mon, 23 Jul 2018 03:30:07 PM  (Last updated: Mon, 23 Jul 2018 11:19:58 PM)

Hi,

I have an employee who did not show up for work after resigning when his notice period is 2 months (salary > RM2.5k). Him leaving the company without notice has caused disruption to the department's work. Can I issue him a letter requesting him to compensate the company as per Employment Act 1955, Section 13. Termination of contract without notice, for the unexpired term of his notice period? 

What can I do if he refuse to pay?

Thank you! Appreciate the guidance!

Best regards,

NewEmployerCC

bosco50050
Member
Mon, 23 Jul 2018 11:19:58 PM

Based on what you relate it is always good to know why the employee had left suddenly without giving proper notice. Could it be that he needed to start work immediately and would have lost the new job if he stayed out the notice period? Could there be health issues with the employee or a loved one close to the family that necessitates leaving early? Could the employee be leaving because he's angry with the employer or a co-worker he's working with? Or maybe the work environment cannot be tolerated and he leaves immediately after getting new employ. Whatever the reasons it is always good to know why.

You could prepare a letter of demand sending it to the last known address. You could ask a lawyer to do this should you want to follow up with a civil suit.

If you are in touch with you could "threaten" him saying you will take legal action and make a police report. Sometime this may work.

You could get someone from your office to drop in to his home and try to collect what is due to the company. Speak to his loved ones etc.