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violet
17/02/2009 13:06:53
Re: Employer ask to resign


I joined a company on 2nd June 2008 and was confirmed on 1st December 2008 (6 months probation). Everything is working fine till 20th Jan 2009 (5 days before CNY). My direct supervisor, also act as the company’s Director has a few talk sessions with me:

20th Jan 2009, mentioned that the company is having tight financial problem and ask me to look for another job if possible. I asked if this is due to my job performance, he replied I am working fine and it’s not my fault.

2nd Feb 2009, a Sales Executive tendered his resignation letter with immediate effect. I start looking for job.

3rd Feb 2009, he mentioned that the company is unable to pay me if they issue a termination letter, therefore ask me to resign when I found a job.
6th Feb 2009, another talk session after working hour – asking my job application status. I am still waiting for reply.

16th Feb 2009, another colleague tenders his resignation letter. He asked if I can work till end of February 2009. Refuse to do so, he will not pay anything to me.

My question: Should I tender my resignation or is there any other advice for me?

Thank you.

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KL Siew
kl_siew@yahoo.com
17/02/2009 13:25:25
Not good to resign without a job waiting for you. The company is obviously not doing well. But resign without a job is not advisable.
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violet
17/02/2009 14:30:22
Yes, it is bad to resign without another job.

The problem is the employer asks me to work till END of Feb 2009 WITHOUT any written notice and compensation. Shall I go off automatically by end of this month or any other way to get what I deserve to?

Thanks again.
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KL Siew
17/02/2009 14:43:56
You should know what is the notice period of termination of service as stated in your contract of service. On 16th Feb did your boss really ask to go by the end of Feb.? Did he really say that? If the notice period is one month, then the notice is not enough, short of half a month. They should also pay you any prorated annual leave not taken. Confirm it from your boss that he really asked you to leave by end of Feb. You may have to complain to the Labour Department later on.
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violet
17/02/2009 14:50:33
Thank you for your prompt reply.

He did mentioned so - to go off by end of the month. Refer back to my employment letter, it's one month notice in written.

I am under duress to go off by end of Feb without any written notice. What can I do?
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violet
17/02/2009 15:08:00
The Confirmation Letter stated that:

"a) After confirmation - one month notice or salary in lieu. This section does not prevent either party from waiving his right to notice."

Does this mean that the employer can terminate the contract of service verbally?

Thank you.

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