Forums 论坛



John
07/05/2010 17:43:27
Re: Staffs Resigned not adhere to Contract

A staff being engaged that she/he can't resign within 6 months of probationary period as the nature of our job is planned at least 3 months ahead, and she tendered her resignation with 1 month's notice.
Can staff resigns without adhering to Contract of Service? If she insist, can we insist not to accept her resignation?

Thanks
Regards,
John
Edit | Delete


KL Siew
pesaraonline@gmail.com
07/05/2010 18:15:37
Section 10(2) of the Employment Act says "..setting out the manner in which such contract may be terminated by either party...". I don't think you can simply say one cannot resign during a certain period. You can of course insist but how are you going to hold her back?

"10(2) In every written contract of service a clause shall be included setting out the manner in which such contract may be terminated by either party in accordance with this Part. "
Edit | Delete

Kniz
aimmc2008@gmail.com
07/05/2010 21:40:00
Agreed with KL Siew. There is no provision under the employment law to prevent employee from ceasing an employment with notice in accordance to the contract of service.
Edit | Delete

John
09/05/2010 16:47:12
Dear Siew,
I read a lot of FAQs. Why agreed contracts by both parties is not valid? The employee has been enlightened on the Terms and Conditions of Contract of Employment, if agree, then join. If not, opt to decline.
But, verbal contract is valid, written is not valid.If this is the case, I think all employer dare to hire local people anymore. All will hire foreign workers.

Agreed contract can be turned down by employee eventhough agreed by both parties before signing the offer! I can't understand what is Labour Law now. Please enlighten.



Thanks
John
Edit | Delete

KL Siew
09/05/2010 18:37:38
Although agreed by both parties but if some of the agreed terms and conditions are against the provision of some laws then the terms are what they call null and void. Example, the law requires contributions to EPF, payment of maternity allowance etc etc. If the employee agreed to the terms (no need for EPF or maternity allowance) in writing and duly signed it, the terms are still not valid. In your case, you cannot simply to get someone to agree not to resign for certain period when there is a law to say a contract must "..setting out the manner in which such contract may be terminated..". However, there are employers who did it this way, by paying a certain amount in the form of say "retention payment" up front when the employee joined the company on condition that the employee shall work for a certain period. If the employee resigns during the stipulated period, he or she has to refund what he or she has received. This is a form of encouragement.
As a matter of interest, what is the use of having the "cannot resign" clause? If I cannot resign, can't I get myself kicked out?
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