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21/10/2009 09:33:12
Re: Resignation & Termination

I received an email from staff regarding his resignation with letter dated 20th October 2009 and last working day will be 27th October 2009. (he is still under probation, notice resignation is 7 days).

His superior have tried calling him but he is not picking up and he had been absent from work from 12th October 2009 stating that he is on MC for a week where he need to be hospitalized for health reason. He has not return to work since and the resignation letter (sent via email without his signature in the letter) was send to us yesterday with no attachment of MC.

Fyi, actually an warning letter issue to him due to absent from work on 13th Oct, but he called informed that he is on MC (untill now, no MC given). So, the letter still with his superior.

Question: Can we terminate him effective from 12th October after resignation email sent by him on 20th October? We should terminate him or accept his resignation?Salary pay from 01-12 Oct?
Please advise. Thanks.
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KL Siew
21/10/2009 11:40:32
Since he has not submitted any mc, you can just treat the case as if he had terminated his own service without notice effective from 12/10 and since the required notice was 7 days, you may withhold 7 days salary as indemnity in lieu of notice. So, from his salary from 1/10 to 11/10, deduct 7 days' salary and pay him for the balance of 4 days.
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21/10/2009 11:44:58
Dear Mr. Siew,

Noted with many thanks.

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17/10/2010 20:41:19
I would like to ask regarding this matter:

1. I'm still under probation and had sent resignation letter and withrawed it after I had consultation with my bos and asked her for a week unpaid leave and she agrred. At that time it only for more days to get my salary but they hold.they give me a letter saying that withing the unpaid period everything will be freeze but did not mention about salary n I signed the letter. On the same day I asked the HOUR regarding my salary whether it will be freeze too, n they said yes and asked me, why, you are not coming back is it? And I reply ofcoz I will come back. They said my salary will be given by check once I come back. After a week, I didn't show up n didn't give any notice.

2. After two weeks, they give me a letter saying that I didn't report to the company n consider as self terminate. They asked me to pay one month salary because in the contract mention either one month notice or pay in lieu.

My questions are: a - they hold my salary and because I didn't show up, I didn't get it yet.
b - do I have to pay for one month, since they can deduct all my unpaid through the salary that they hold. And before I left, all the task given are up to date.

Kindly reply me. I'm current ly not working and if they ask to pay, I'm not able to do so.

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