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Notice or resignation where there is no contract

Mon, 13 Jan 2020 09:16:38 PM  (Last updated: Tue, 14 Jan 2020 01:52:51 PM)


I joined my current company last year after i got the offer to be retained, but we didnt really discuss on the terms of my employment which is proposed by me through whatsapp.There was no written contract. But both my employer and i agreed that my employment would be on contract basis and my salary will be revised close to the end of the year for increment. And among the terms proposed by me was that notice of resignation shd be one month, or payment of one month salary in lieu of notice. But on this point, he did not say whther he agree or disagree.

Now it is already new year and I have asked my boss twice about my increment but he said that he is still considering. In the circumstances i have the following questions:-

1. Since there is no written contract and nothing much has been agreed, does the ambiguous terms still apply to me? 

2. Do i still need to give one month notice?

3. Does my current act of continuing to work there up until now constitutes renewal of my contract do employment and therefore the last year’s terms still bind me?

4. If the terms doesnt apply to me, what is the minimum period of giving my notice of resignation.

Your advice is very much appreciated.

KL Siew
Tue, 14 Jan 2020 01:52:51 PM

First, I would like to find out whether you are covered  by the Employment Act. The Employment Act only cover employees with salary not more than RM2000. If you are covered by the Act, one party who wishes to terminate the contract of service will have to give one month notice even though nothing was mentioned about notice perid.

If you are not covered  by the Act, then you may have to go according whatever terms and conditions you have with the company. Since you have proposed to your employer about notice period and there was no reponse from him, it could be assumed that he had not disagreed to your proposal about the notice period to be one month or one month salary in lieu. I think you have to give one month notice or indemntiy in lieu.