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Sharon
26/05/2010 12:44:30
Re: Notice Period Upon Resignation

Dear Mr Siew,

We have 3 staff who have resigned. According to Offer Letter, staff under probation are required to serve 1 week notice and confirmed staff are required to serve 1 month notice.
The problem here is these staff did not receive their confirmation letters. They were long serving staff (2-3 yrs) and did however received yearly increments. They all earn <1,500 thus fall under the Employment Act.
My question is
i) Are they deemed to be confirmed staff even though they didnt receive their confirmation letters but DID receive yearly increments?
ii) Can we fall back on the Section 12 of the Employment Act that requires them to serve a minimum of 4 weeks notice instead of the termination clause in the offer letter.

I have consulted someone in the Human Resouce Ministry who said (verbally) that the terms in the Employment Act should apply and not the Termination Notice in the offer letter as these staff fall under the definition as 'Workmen'

Thanks...
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KL Siew
pesaraonline@gmail.com
26/05/2010 18:08:51
First, read up something about probation

Secondly, since you have already consulted the Labour Department, follow their advice. As such, you may take action against the staff concerned as mentioned by you.
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Sharon
27/05/2010 09:46:33
Thank you Mr Siew...
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