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Manager Resignation with Short Notice

Julia C
Member
Wed, 15 May 2019 02:17:15 PM  (Last updated: Thu, 16 May 2019 01:54:13 PM)

Seeking for advice that for Managerial Position who taking salary RM6000 per month, should he resigned, failed to serve the 3 months resignation notice as stated in the employment contract and refuse to pay the Company on short notice payment, how the Company can filed a claim on him? I have enquiries to Labour department and they mention their protection only until workforce wages < RM5000 per month. Is this cover under Industrial Relation or other authoritity? 

SuharinKL
Contributor
Thu, 16 May 2019 10:33:58 AM
Originally posted by Julia C on Thu, 16 May 2019 01:54:13 PM

Seeking for advice that for Managerial Position who taking salary RM6000 per month, should he resigned, failed to serve the 3 months resignation notice as stated in the employment contract and refuse to pay the Company on short notice payment, how the Company can filed a claim on him? I have enquiries to Labour department and they mention their protection only until workforce wages < RM5000 per month. Is this cover under Industrial Relation or other authoritity? 

Hai, 

The only avenue that the Company has is to file a civil action fro breach of contract. In your situation, the Company may file a claim at the Magistrate Civil Court for an amount of RM18,000-00. 

No doubt to file one, it may be costly. But if it is too rampant in the Company where employee conveniently resigned without giving notice, a precedent has to be set to show the seriousness of the breach to educate other employees not to do the same.

At this juncture, the Company may always see a lawyer and get them to issue a fomal Letter of Demand to the said employee first. This may cost only between RM300 - RM1,000-00 depending on the legal firms fees. There is a possibility where the employee will pay the in lieu of notice upon receiving Letter of Demand from legal firm.

Regards,

suharinsulaiman@gmail.com

Julia C
Member
Thu, 16 May 2019 01:54:13 PM

Thanks Suharin for your advice.

I will discuss with my Management on the next action.

It is definitely not a good practise for workforce to think they can work as they want and to leave as they wish.