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18/06/2009 17:38:45
Re: Resignation of senior staff

I'm work as a personal assistance, tender my resignation to my employer by giving 1 month notice. My boss telling me, by right i should giving 3 months notice since i was in senior level. My offer letter & promotion letter didn't mention about this terms & conditions. Is it really had this labour law?? Pls advise.
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KL Siew
18/06/2009 17:47:55
If you are covered by the Employment Act (meaning your salary is not more than RM1500) then read the following section of the Act:

"12. Notice of termination of contract.

(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.

(2) The length of such notice shall be the same for both employer and employee and shall be determined by a provision made in writing for such notice in the term of the contract of service, or, in the absence of such provision in writing, shall not be less than:

(a) four weeks' notice if the employee has been so employed for less than two years on the date on which the notice is given;

(b) six weeks' notice if he has been so employed for two years or more but less than five years on such date;

(c ) eight weeks' notice if the has been so employed for five years or more on such date;

provided that this section shall not be taken to prevent either party from waiving his right to a notice under this subsection. "
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18/06/2009 18:10:48
Thanks for your reply.

I had service more than 5 years and salary above RM1500. Is it meaning that i'm no need to follow employment act by giving eight weeks notice to my company?
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KL Siew
18/06/2009 20:13:38
You follow the terms and conditions in your contract of service.
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19/06/2009 09:48:51
Thanks for your useful advise..
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