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Resignation Notice Period

Clody
Member
Mon, 13 Jan 2020 11:14:33 AM  (Last updated: Fri, 17 Jan 2020 03:18:29 PM)

Hi, I submitted my resignation letter on 8/1/2020 with one month notice. I did asked HR dept how many annual leave balance that i had, she didn't answer my question and informed me that I couldn't offset my annual leave due to some of my pending job and company will pay me the encashment of annual leave. I hope sir/madam can answer my following questions:

1. If company didn't give me acceptance of resignation letter, shall I serve until my last notice date or continue to work until further notice?

2. Did HR dept has the right to on hold my salary because my pending work?

3. What should I do if HR does not answer how many annual leave I have? Since the company will pay me the encashment of annual leave, but the HR dept is not willing to provide me with information, such as how many annual leave I have left, how much will the company payback to me?

4. In the past two years, there are no any information from HR dept for how many annual leave that all employees left. We did ask her via whatsapp, but it was ignored. What should we do?

5. I am working on supply chain management. Does the company have the right to add work that does not in my job scope? For example, financial work, because the company will conduct a year-end audit and currently does not have financial staff. 

ShzwnyShahdan
Member
Mon, 13 Jan 2020 03:22:59 PM

Hye Clody,

I hope this will help to clarify your concerns:-

1) Your employer does not have any rights to reject your resignation notice as long as you have complied  with the termination clause in your contract as to how you can terminate/resign from your employment. You  should therefore serve until your last notice date. However, kindly ensure that your resignation notice had been acknowledged by your employer and that they were informed about your resignation.  This is to prevent any issue of insubordination which might be raised by your employer once you have left the company/completed the notice period.


2) Holding/deducting employee’s salary for pending work is unlawful. For any salary deduction (other than lawful deductions in Sec24(2) Employment Act 1955,, it shall be made at the request in writing of the employee. Thus, any salary deductions which had been done to you  may  be considered as unlawful and is a serious/fundamental breach of your employment.


3) All the details should be communicated to you. After all, the HR deparment should put down all the details  in writing before they can make payment for the remaining balance of your annual leave. 

4) If your employer still refused to provide the details and/or you have paid less than your entitlement, you may thereafter lodged complaint at the labour department to claim the same.


5) As an employee, you are hired based on your letter of appointment. The Company therefore shall not acted beyond of your contract of employment by compelling you to do tasks which are not within your job scopes. Please raise your concern/objection to your employer as early as practicable about this additional taks as you may waive your rights to object the same if there is delay on your part. 

Kindly do not hesitate to contact me should you need any further inquiries (nienasya@hotmail.com).

Clody
Member
Fri, 17 Jan 2020 09:38:10 AM
Originally posted by ShzwnyShahdan on Mon, 13 Jan 2020 03:22:59 PM

Hye Clody,

I hope this will help to clarify your concerns:-

1) Your employer does not have any rights to reject your resignation notice as long as you have complied  with the termination clause in your contract as to how you can terminate/resign from your employment. You  should therefore serve until your last notice date. However, kindly ensure that your resignation notice had been acknowledged by your employer and that they were informed about your resignation.  This is to prevent any issue of insubordination which might be raised by your employer once you have left the company/completed the notice period.


2) Holding/deducting employee’s salary for pending work is unlawful. For any salary deduction (other than lawful deductions in Sec24(2) Employment Act 1955,, it shall be made at the request in writing of the employee. Thus, any salary deductions which had been done to you  may  be considered as unlawful and is a serious/fundamental breach of your employment.


3) All the details should be communicated to you. After all, the HR deparment should put down all the details  in writing before they can make payment for the remaining balance of your annual leave. 

4) If your employer still refused to provide the details and/or you have paid less than your entitlement, you may thereafter lodged complaint at the labour department to claim the same.


5) As an employee, you are hired based on your letter of appointment. The Company therefore shall not acted beyond of your contract of employment by compelling you to do tasks which are not within your job scopes. Please raise your concern/objection to your employer as early as practicable about this additional taks as you may waive your rights to object the same if there is delay on your part. 

Kindly do not hesitate to contact me should you need any further inquiries (nienasya@hotmail.com).

Dear Neinasya,

Thanks for your prompt replied. These are very helpful for me.

I do have one more question, I did signed a Training Bond Agreement with the company. This agreement without stamping is it valid?

ShzwnyShahdan
Member
Fri, 17 Jan 2020 03:18:29 PM
Originally posted by Clody on Fri, 17 Jan 2020 09:38:10 AM

Dear Neinasya,

Thanks for your prompt replied. These are very helpful for me.

I do have one more question, I did signed a Training Bond Agreement with the company. This agreement without stamping is it valid?

Hye Clody,

Any agreement without stamping is still admissable as an evidence. In law of contract, as long as there is an offer and acceptance, parties are bound by the terms and conditions of the said agreement. In other words, in the event of breach, either party may still enforce whatever terms/clause in the said agreement.

With regard to your concern, the training bond agreement is still valid, enforeceable and stil admissable as evidence despite it was not stamping.

Do not hesitate to contact me for any further inquiries.

Thank you.