Termination without Notice

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asked on Jun 1, 2005 at 16:16
by   Dilemma
I'm currently working and I would like to resign for my position now. My salary is above RM1500 per month and I need to give 1 month of notice period to them before resigning.

My question is, if they immediately ask me to leave without notice after giving them my resignation letter, will they have to pay me a month of salary?

Btw, I didn't commit anything against the law during my employment or as stated in the offer letter.
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4 Answers

answered on Jun 2, 2005 at 08:37
by   kpochee
Commonsense tells me that there are obligations governing employer and employee. Employee is entitled to tender notice of resignation.  I would believe employer may exercise the option not requiring the employee to serve till the resignation effective date.  But nevertheless the employer is obligated to pay all monies due to the employee till the resignation effective date.  I do not see your salary level would be relevant in this case.  I also suppose you are entitled to other perks that you are enjoying treating that you are performing during this period.  Of course, this is just my personal opinion.
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answered on Jun 6, 2005 at 14:23
by   Dina
The basic employment law states that there is to be a termination notice - on the behalf of both parties ie if the employer wishes to terminate, must give notice. And vise versa. Payment is to be made in lieu of notice ie if the employer doesn't give you notice, and wants you to resign immediately, they must pay you the salary equivalent to the notice required (1 month notice = 1 month pay).

If you gave notice, and the employer wants you to stop immediately, then you should be entitled to the 1 month pay. You did not do anything wrong as you gave proper notice.

However, this all depends on whether you're a confirmed employee, and look to the terms of your employment. I've only stated the general aspects.
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answered on Jun 7, 2005 at 05:48
by   kpochee
Once an employee serving his or her notice of termination of employment, the employer, if my understanding, terminating the employee's service without the employee breach of employment contract, would entitled the employee to have his or her salary as well as the benefits he or she used to receive, as if the employee work till to his or her last day of termination effective date.

I doubt there is a distinct between a confirmed or a probation staff.

However, should the employee has breached the employment contract in a serious matter, for example, stealing company's property, during the notice period, the employee can be dealt with to their contract or any statutory provisions in relation to this.  The onus of proof would lie heavily on the employer.

I suppose it is the employee's right to seek a clarification on the reason(s) of the dismissal if it does occur.  At this moment, perhaps the enquirer "Dilemma" is just fearful that his or her employer would without his last month of salary upon serving the resignation letter.

I suppose there is no guarantee that the employer would not do this unlawful things.  But it is certainly not in the company's interest to make life miserable to hinder the exit of an unhappy employee.  The employer has much more to lose to do thing unlawful.
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answered on Jun 8, 2005 at 03:38
by   LoyerBrook
You are asking a straight forward question, and here is a straight forward answer:

If the employer wants you to leave earlier or Immediately after receiving your notice of resignation, they will have to pay you the equivalent amount of salary of that notice period..
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