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SS Tan
02/08/2010 12:41:49
Re: Resignation Issue

Dear Sir,

I have tendered my resignation on 01-Jul and the notice required is 2 months. Hence my last day should be 31-Aug. Anyway, I have been requested by my potential employer to report on 16-Aug. With such, I was informed to my current employer on that day I tendered the letter which I intended to take the annual leave from 16-Aug to 31-Aug to cover the notice. But rejected by my superior a week later which claiming they have the right to reject it as stated in the company policy. Then I proposed to cover the 2 weeks notice with the back pay salary but rejected from my superior as well. My questions are:

1) The offer letter stated the resignation has to make either 2 months notice or 2 months salary in lieu. But my current employer claiming that it should be subject to their approval as stated in the company policy. In fact I canít find that in the policy. Can they just hold me to serve for 2 months notice like that?

2) They are claiming if I didn't turn up for the work in the last 2 weeks, I will be considering as absconded. They have the right to hold my salary including the annual leave that I have which is more than 26 days now as well as they have the right to sue against me. Is that right?

Would appreciate your advice for my further action.

Thanks a lot.
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KL Siew
02/08/2010 14:33:50
1. You may request your new employer to allow you to report for work on 1 September. If this is not possible then,

2. You leave on 16 August by paying indemnity for the rest of the notice period. Don't have to bother whether they agree to it or not. Tell them so in writing.
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SS Tan
03/08/2010 12:34:44
Thanks Sir.
If I have to leave from 16-Aug, let say my basic pay is RM3k. the calculation of indemnity is that as follows:

3k /31 x 16 = $1548.39

Just like to confirm as my HR refused to confirm the figure.
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KL Siew
03/08/2010 12:45:50
For that, you will have to sort it out with your HR yourself.
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SS Tan
03/08/2010 13:10:06
Ok, noted.
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