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resignation

limc
Member
Thu, 11 Jul 2019 04:28:05 PM  (Last updated: Fri, 12 Jul 2019 11:09:16 AM)
Hi, need some advice for a situation here.Resignation letter submitted on 23 May, letter dated 21 May (manager A on leave). 23 May staff reporting manager (manager A) keep the letter and ask staff to consider and will further discuss after holidays.12 June staff discussed with manager A, staff insists on resigning and manager A accepts resignation date as 21 June and will inform and submit to HR.13 June staff other local management (manager B whom not listed as reporting manager in employment contract) inform staff they will only accept resignation date starting from 13 June, not 21 May. Confront manager A and manager A confirms verbally will accept resignation date as 21 May regardless what manager B say. Voice recording is done for this by staff.14 June manager A and B ask staff for a meeting and denies resignation date as 21 May, only accept resignation date on 13 June. Staff needs to serve a 3 months’ notice period, with 5 days AL left. Staff last date should be on 9 Aug to start new company later.If current company still refuse to let staff go on 9 Aug or terminate the staff during serve notice, what can staff do?
limc
Member
Thu, 11 Jul 2019 04:41:20 PM
Just to add on. 10 July staff tried to negotiate delay on start date with new company but rejected, so seek consultation from labour department and was informed regardless whatever consideration, as long as resignation letter dated 21 May and manager A agreed the same with voice recording as a proof then if company charge staff payment after 21 Aug staff can report to labour dept.Staff discussed with manager A and B to honour 21 Aug as last date. Manager B got furious and threaten staff will terminate staff and put staff into court case, which will spoil staff future employment record. In the end manager A and B set 30 Aug as staff last date (after deduct leave), and ask staff to discuss with new company on start date again.
KL Siew
Administrator
Fri, 12 Jul 2019 09:34:07 AM

Actually, all resignation letters should be submitted to HR and not to their immediate superior. Now, since there is some dispute about the dates, then I think:

1. Since you have sought advice from the Labour Department and you were advised that the last date should 21, August. you can go on 21 August and prepared for any action company may take. Or

2. Talk to you new company to let you starte work on 1 Sept, and think there should be no problem with new company about such a request.

If I were you, I would talk to the new company for a new starting date instead of fighting with the present company.

limc
Member
Fri, 12 Jul 2019 09:57:33 AM
Originally posted by KL Siew on Fri, 12 Jul 2019 09:34:07 AM

Actually, all resignation letters should be submitted to HR and not to their immediate superior. Now, since there is some dispute about the dates, then I think:

1. Since you have sought advice from the Labour Department and you were advised that the last date should 21, August. you can go on 21 August and prepared for any action company may take. Or

2. Talk to you new company to let you starte work on 1 Sept, and think there should be no problem with new company about such a request.

If I were you, I would talk to the new company for a new starting date instead of fighting with the present company.

Thank you for replying. Currently still trying to get confirmation from new company. In case new company reject on new start date, staff planning for last date to be on 9 Aug as new company start 13 Aug. If last date is on 21 Aug, minus 5 days AL last date should be 14 Aug? So company can only charge staff 2 days payment for leaving early? Since 12 Aug is a holiday. If current company still refuse to let staff go on 9 Aug or terminate the staff during serve notice, what can staff do?
KL Siew
Administrator
Fri, 12 Jul 2019 11:09:16 AM

If you are the staff who is going to take the new job, go and sort those matters out properly and amicably with your HR. You are the only one who can sort out such matters.

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