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Kelly Wong
09/02/2010 15:49:28
Re: Short Notice Resignation

Hi Mr Siew,

I resigned from my company on 27th January 2010 due to some personal matters. I was still in my probation period and I was allowed to leave immediately on the day I tendered my resignation letter.

I was being told by my superior that HR will re-calculate my salary for the month of January as I didn't fulfill my 1 full-month service in the month of January. Therefore, there will be a delay of 1 week to reimburse my salary which usually salary will be credited into my bank account on the first day of every month.

After a week, the HR sent an email to me and mentioned that they are not paying me the January salary because I didn't serve the 1 month notice period of my resignation which is written in my Appointment Letter. The January salary is to offset the 1 month notice period.

I was not being informed on the day of my resignation that I have to serve the 1 month notice period of my resignation but I was being told that I can leave immediately upon my resignation. Moreover, on the day of my resignation, my HR didn't attend to me personally on this matter.

No doubt, a 1-month notice period has to be given upon resignation as it is written in the Appointment Letter but I was not being advised on that matter. Moreover, from the day I started working with the company, the HR didn't ask for their copy of Appointment Letter. I am supposed to sign on 1 copy of the Appointment Letter for the company but now both copies (company's and myself) are still with me. I haven't sign on any Appointment Letter for the company.

My question is, if I were to fight back my salary, what can I do? Can I say that I didn't sign on any Appointment Letter to agree on the term of serving 1-month notice period upon resignation? Is there any other issue that I can tell the company to get back my salary?

Appreciate your soonest advice. Thank you.
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KL Siew
09/02/2010 16:12:44
It looks like you are having a weak case. You should have at least waited a couple of days more and got your salary first before you resigned. Consult the Labour Department for further advice if necessary.
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Kelly Wong
09/02/2010 16:19:27
Do you mean that the chance of fighting for my salary will be very low? I am really disappointed in this case as I was not being advised accordingly on the day of my resignation.

In the end, I was being blamed for not fulfilling the 1-month notice period and not getting paid.

Afterall, everything is not written in black & white.

Lastly, what will be your best advice to me on this case?

Thank you.
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KL Siew
09/02/2010 16:29:04
Consult the Labour Department is the best.
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Kelly Wong
09/02/2010 16:31:12
Thank you very much, Mr Siew.
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