Forums 论坛

23/05/2011 21:38:57
Re: Resigned and labour case

I have tender my resignation letter to my ex company with immediate effect and is accepted by them. It's been the company's practice to be on call basis during the 1 month notice instead of work as usual for the whole month. During this period, I did answered their calls and even go back to settle the outstanding works for them. However, during this period also, I manage to found a new job and I started work after I have settle all the outstanding works. My question is since I have resigned and even though is under 1 month notice, is it wrong for me to start work in new company?

Then, when I ask for my salary, they told me I failed to fulfill my month notice. Not only they didn't pay me , they even make a report to labour department demanding me to pay back my 1 month salary to them.

First of all, I have settle all the outstanding works and furthermore I still got balance leave around 12 days and yet I didn't even get a single cents form them. What should I do? Where is my rights?

Please help.
Edit | Delete

24/05/2011 09:35:17
I got 1 thing not very clear, since you say resignation with immediate effect mean you no need give resignation notice already (you need pay for the notice period). Then why you still back to office work when they call?

What i understand is you tender your resignation and no report to work because your company' practice it.

Resignation notice:-
When you tender the resignation, you should ask your HR department whether you need to report to work as usual or not. It doesn't mean you company's practice it then you need follow. All thing make it black and white is more safer. Here you do wrong so it is hard to argue.

*Try to refer back your company employee handbook see got anything can help you out. Example like it stated "employee resignation notice period no need report to work".

For the start work in new company:-
Actually, if you start work in a new company is not wrong IF you ex-company agree with it (legal way).
You do it without them notice (illegal way). If they know about it, then it is your fault.
In the termination notice period, you are STILL an employee of the company. So you don't have the right to work for other company.

*You can refer back your last day of employment after minus all your AL and also your starting date of your new company. If not overlap the date then you are safe.
Example, Last day 15/05/2011, Starting date AFTER 15/05/2011 (safe) / Starting date BEFORE 15/05/2011 (cannot)

For the 1 month salary, you no need to pay full since you can use you AL to offset it. So you only need to pay 18/19 days.
Edit | Delete

24/05/2011 22:54:58
Actually the process is like this......

I work for this company more than 4 years and I tender my resignation on 30/3/11 with immediate effect. I tender my resignation last minute because I can't take the pressure anymore. I been told before to leave anytime if they think that I don't have the interest to work anymore. But I have no intention to left at all till that particular day (29/3/11) when my bos sounded me on my mistake. I did apologies for my mistakes and told him I need the work . So on 30/3/11 as usual I came to work till my bos came in around noon time and asked me to answered him Yes or NO that I need the work. I told him I understand your meaning and later I will pass you my resignation letter. That's why my resignation letter dated on 30/3/11 with immediate effect. Before I left, I been told from tomorrow onwards, I no need to come to work but it's on call basis during this 1 month notice. During this 1 month notice (whole month of April), I did answered their calls and even asked go back to settle the outstanding works.
So, I did went back for about 3 days to settle it before I start work in the new company.
From what I know those have resigned earlier never been told to go back settle those outstanding works instead of on-call basis. Yet they get paid!. Only I'm the one who very innocent go back to help them since I not yet start work then. I only started my new job after 15/4/11.
So, am I wrong then? If they can get paid why I didn't? It's very obvious that they are actually creating all the problem for me. What can I do now?

Edit | Delete

25/05/2011 12:35:23
Since it is like that, just go to the labour department and talk to the consultant. See what can they do for you.
Edit | Delete

12/11/2012 11:25:42
Hi, I'm HR personnel for the company. May i know if we wrongly paid the salary to the employee who already resigned. Could we request them to pay back? Thanks ...
Edit | Delete

Post Response (Feel free to share your experiences)

Email:  (optional)


Best to get official advice, call now! Labour Office   EPF   SOCSO