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09/03/2010 01:14:04
Re: Resignation Short Notice & Unused Annual Leave

I tendered my resignation notice on 2nd March 2010. I am supposed to give the employer 2 months notice before resignation. Hence my last day should be 1 May 2010. However I stated in my resignation letter I am givign 1 mth notice only. I agreed to pay the employer 1 mth notice (i.e. exchange of cheques, employer give me cheque for March salary after deducting EPF & socso, and I handover my cheque for April salary (payment in lieu) full amt). Fyi I will be starting work with new co. 1st April 2010.

Question (1)
I have 8 days of unused annual leave. Hence my last day should be 23rd March but my boss doesn't approve and said he will compensate/pay me for the 8 days. Can I just leave the co. on 24th March without any written appeal? As I need the 8 days to look for accomodation nearer to my new workplace?

Question (2)
What are the consequences if I do not pay the 1 mth in lieu (exchange cheques)? I don't mind the employer not paying me my March 2010 salary. Hence I need not pay back to employer April 2010 salary. Treat the unpaid March salary as indemnity.

Pls assist. TQ.
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KL Siew
09/03/2010 10:06:38
1. Discuss the problem with your boss and tell him the real situation that you need time to look for accommodation etc. If there is no way out, you have no choice but to leave earlier.

2. You March salary may not be enough to cover the April salary for indemnity. Anyway, it is still better for you to sort things out before you go.
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09/03/2010 12:22:22
TQ for your prompt reply.

However if I just leave the co. on the 24th March without informing my boss (as it is my right to the 8 days unutilitzed annual leave and they are taking advantage of the situation and making my life misrable) and not pay for the 1 mth notice in lieu would I be subject to legal action from the employer. In actual fact they are the ones who benefited as the agreement is to exchange cheques. If I do not hand over my cheque (for April salary in lieu) the employer will also not hand me by March salary cheque. Hence they save on employer EPF.
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KL Siew
09/03/2010 13:40:18
In that case, why not just tell your boss when you leave to take whatever salary you have for March plus the value of your leave balance to use it as indemnity instead of giving him a cheque? Tell him you will make good whatever amount short.
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