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Elvy Loh
23/04/2007 15:14:55
Re: Notice of Termination


Good Afternoon, I would like to seek your opinion on the above matter.
One new IT staff report for duty on 9 Apr 07 and and sent in resignation letter on the next day 10 Apr 07, which stated in his letter, 24 hrs notice given to the company.

As to the company policy, staff under probation period, who want to resign, need to give one week notice period. but as in this case, company agree to let the staff to left on 10 Apr 07without 1 week notice because;
1) he is a new staff, and company not yet pass him any duty.

On this, the management agree to let the staff leave on 10 Apr 07 instead of having to serve one week notice.

My questions is:-
a) Do we need to pay back the staff 2 days salary or the staff need to pay back the company one week salary due to short of notice.

Looking forward for your answer. Hope you can reply me as soon as possible. Thank you very much.
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KL Siew
23/04/2007 17:33:11
For me I will not pay him a single cent. If he were to make a claim against the company, the company may make a counter claim for another 5 days salary against him.

I took the liberty to have your email address deleted to avoid being identified.
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24/05/2007 12:59:49
I saw under FAQ explained a staff is not considered confirm staff without receiving confirmation letter although finished probation. Please advise under which sect/ act of Malaysian Labour Law support this. Is staff earning > RM5000/mth protected under the act? What can be done if my employer issued me letter stated I have to serve 3 months notice from resignation notice while contractually only 1 months notice for yet confirmed staff? 3 months only for confirmed staff contractually. The given reason is the company normal practice without provide confirmation letter after probation period.
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10/06/2008 01:18:39
My former employer promised to pay basic salary plus incentive if always on time(not late and back earlier),I reported to work on 7/5/08 but after three weeks there,she suddenly called me and asked me did not need to go to work without giving any reason.She just paid me the basic salary and said because I reported to work on 7/5/08 and not on 1/5/08 which means I did not work for a whole month.May I know am I entitled for the incentive that she promised?
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