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Mandy
10/04/2012 17:59:04
Re: Resignation with short notice

Dear KL Siew,

My name is mandy. I have worked for my current company for 2.5 years. I have tendered my resignation letter to my current company. As per my employment contract i need to serve 3 month notice (i.e from 20 March 2012 to 21 June 2012). As i got new job offer, my new employer willing to pay my one month notice. i stated in my resignation letter that my last day is 21 May 2012 as well.

HR in my current company have acknowledged my resignation letter. I spoke to HR department on my 1 month short notice and willing to pay for that short notice. But HR and my boss dont want accept any payment for the short notice ans insist me to serve 3 months notice. According to them, the company policy is to serve full notice. According to them, if i insist to serve 2 months notice period, they wont sign my "status report" and they wont give me the last month salary (i.e May 2012). The salary only will be release if i got the signatures from the bosses.

I have checked to my employment contract, it never mention that i need to serve full notice.

My questions are, under the malaysia Employment Act:

1) Do i have right to serve part notice (i.e 2 months) and pay the remaining one month short notice in cash to the company?

2) If i insist to serve 2 months notice, and pay the remaining one month notice, can they take legal action against me?

3) Do they have right to hold my last month salary due to dun willing to sign my " status report"?

Thanks

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KL Siew
klsiew,my@gmail.com
11/04/2012 16:34:08
You have to serve 3 months notice first and then you may pay one month indemnity for one month short notice.
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Mandy
11/04/2012 16:59:43
Thanks for your replied. :)

The thing is my Company dun accept for the payment for one month short notice and insist me to serve full 3 months notice.

1) Do i have right to serve part notice (i.e 2 months) and pay the remaining one month short notice in cash to the company?

2) If i insist to serve 2 months notice, and pay the remaining one month notice, can they take legal action against me?

3) Do they have right to hold my last month salary due to dun willing to sign my " status report"?

Thanks.
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KL Siew
11/04/2012 17:21:10
If you want to insist on giving 2 months notice, I really cannot say what action they will take. Just let wait and see.
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