Forums 论坛



Marcus
12/11/2011 01:26:53
Re: Resignation with notice buy out

Hi Siew,

My salary is more than RM10K. I've tendered resignation with only serving 15 days notice (to consider to handover knowledge to my team) as opposed to my employment contract whereby I am required to give at least 3 months notice.

My new employer is willing to buy me out and I've stated it in the resignation letter with that intention.

Following are my questions:

i) Can my current company disagrees when is the last day of my employment in view that my new employer is buying me out?

ii) Am I qualify for the EA act whereby I can terminate the contract without serving notice by paying equivalent amount of salary in lieu? (in my case, I am willing to serve 15 days only)

iii) Which court / body should I seek (labour, industrial, civil or tribunal) if my current company still don't want to let me go?

iv) If the current company threaten to sue me, do they have a ground case to do so?
Edit | Delete


KL Siew
klsiew,my@gmail.com
12/11/2011 09:37:14
Since the notice period for termination of service is 3 months, you are supposed to give 3 months notice and not 15 days notice. After giving the 3 months notice and if you want to leave after working for 15 days, you can then pay 2.5 months salary as indemnity for the short notice.
i) The company can disagree you last day, so can you.
ii) You are not covered by the EA.
iii) The company cannot physically hold you back, if you decided to leave by paying the required indemnity.
iv) If the company wants to sue you for some reasons, it is up to them.
That's my view.

Since you are not covered by the EA, you can consult the local Industrial Relations Department and get advice as to what exactly you should do. Get their official advice will be better.
.
Edit | Delete

Marcus
15/11/2011 00:28:53
Hi Siew,

Thank you. I've contacted the IR, since I am not covered under EA and I resigned, the IR department will not be able to help unless I was terminated. The company insists that I serve the notice and decline to consider indemity directly paid from my new employer ...





Edit | Delete

KL Siew
15/11/2011 08:34:13
Well, you do what you have to do. You can give them your own cheque for the indemnity and then get reimbursement from your new employer. Can't you do that?
Edit | Delete

Marcus
16/11/2011 00:58:22
The thing is my new HR is ready to contact the current HR to settle the buy out .... What if the current HR rejecting the buy out from the new HR?
Edit | Delete

KL Siew
16/11/2011 08:46:04
Discuss the problem with your new company, they may know what to do. This practice of buying out is quite common and normally companies are quite used to it. Don't know about your company.
Edit | Delete

Marcus
17/11/2011 22:44:14
Buy out notie is a common practise in my industry. The company is using the reason that they can't find a replacement in short notice and asking me to serve the notice. They will consider to release only if they can find a replacement.
Edit | Delete

Post Response (Feel free to share your experiences)

Name:
Email:  (optional)
Message:

 

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