RegisterLog In

Employment/Offer Letter

David
Member
Sat, 10 Apr 2010 05:52:38 PM  (Last updated: Mon, 12 Apr 2010 12:37:17 PM)

I’ve been employed in a small Sdn. Bhd. company for about 3½ years, now. I was never offered the job officially, i.e. no Employment/Offer/Appointment Letter. I never signed one.

Every time I ask, the HR person - and there have been a few since my employment - says that the big boss keeps vetting and changing the contents. I am not the only one working without signing an Appointment Letter.
I am thinking of resigning and moving on. The general practice in my company is “3 months notice”. My question is: Can I resign without having to give 3 months notice or any kind of notice, i.e. resignation effective immediately?
Thanks.
Damien Siew
Administrator
Sun, 11 Apr 2010 03:00:08 PM

This is tricky. I am assuming you have been getting your salary every month for the last 3.5 years? And your employer has been paying for your EPF?

I think the best way to go about this is to have a talk with your big boss or your HR. Ask them whether they can release you earlier.

Please do consult the labour department.

David
Member
Sun, 11 Apr 2010 03:21:59 PM

Hello Damien,

Thanks for your response.

Tricky, as in, there’s no legal clarity on this? Yes, salary paid, with payslips. EPF deductions made, too.

The big boss views resignations as "desertion" and "betrayal", believe it or not. And, from what I've observed with my ex-colleagues, their departure was made as difficult as possible. Staff turnover is quite high. Don't ask why I've stayed this long! :)

In fact, just recently, a staff resigned. She asked for an early release - one month, as opposed to 3 months' notice. Big boss agreed, verbally. As the date of her last day at work approached, she got a letter from HR denying the request for early release and demanding that the full 3 months be served.

She had already secured a new job and left, anyway. A letter threatening legal action was served on her. The letter also stated something about her going AWOL.

She offered to pay 2 months' salary in lieu, as stated in her Appointment Letter. She has not heard from them, since. The Labour Dept. adviced her to go ahead and make the payment and get proof-of-payment to bring closure to this matter.

Well, I could consult the Labour Dept. but, I chanced upon this forum and wrote in, in the hope of getting some advice vis-a-vis the Employment Act, Labour Law...etc.

Damien Siew
Administrator
Sun, 11 Apr 2010 06:31:22 PM
Originally posted by David on Sun, 11 Apr 2010 03:21:59 PM

Hello Damien,

Thanks for your response.

Tricky, as in, there’s no legal clarity on this? Yes, salary paid, with payslips. EPF deductions made, too.

The big boss views resignations as "desertion" and "betrayal", believe it or not. And, from what I've observed with my ex-colleagues, their departure was made as difficult as possible. Staff turnover is quite high. Don't ask why I've stayed this long! :)

In fact, just recently, a staff resigned. She asked for an early release - one month, as opposed to 3 months' notice. Big boss agreed, verbally. As the date of her last day at work approached, she got a letter from HR denying the request for early release and demanding that the full 3 months be served.

She had already secured a new job and left, anyway. A letter threatening legal action was served on her. The letter also stated something about her going AWOL.

She offered to pay 2 months' salary in lieu, as stated in her Appointment Letter. She has not heard from them, since. The Labour Dept. adviced her to go ahead and make the payment and get proof-of-payment to bring closure to this matter.

Well, I could consult the Labour Dept. but, I chanced upon this forum and wrote in, in the hope of getting some advice vis-a-vis the Employment Act, Labour Law...etc.

Sad that such companies exist. But anyway, in your colleague's case, she had an Appointment Letter right? And in that stated 3 months' notice or payment in lieu.

In your case, no such signed documents right?

David
Member
Sun, 11 Apr 2010 11:34:39 PM

Sad, indeed.

Yes, she had an Appointment Letter. According to the Labour Dept. officer, the option to pay in lieu of sufficient notice can be made by the employee, as long as the terms state “3 months’ notice or 3 months’ salary in lieu”. Is the officer correct?

In my case, giving sufficient notice - 3 months - would be the “proper” thing to do. But, what I would like to know is whether I’m compelled to give notice, legally, under Labour Law.

Thanks.

Damien Siew
Administrator
Mon, 12 Apr 2010 12:37:16 PM

Have a read: mylabourlaw.net/quick-guides/26-contract-of-service.php

It is stated that a contract of service may be written, or verbal, but there are further contradictions in the law itself. I think it'll be better to get advice from the labour office with regards to whether you need to serve your notice.

As to your question on the labour officer's remarks, yes, he/she is correct.

  This topic is closed