Can Employer Reject Resignation Malaysia

They can refuse to accept it and it is still valid.

Can employer reject resignation malaysia. The letter doesn t need to fit any specific format and doesn t need to fufill the obligations of your employment contract. You would only be paid up to your last day of work. The law is that a notice of resignation of an appointment becomes effective and valid the moment it is. It goes without saying that this method works better if you have a good working relationship.

After careful consideration we have determined that it is in the company s best interest to reject your resignation. 1 whenever the director general shall have made an order under section 69 69b or 69c against any employer or any person liable for the payment of any sum of money to any employee or sub contractor for labour and the director general has reason to believe that there exists between such employer or person liable and any other person a contract in the course of the performance of which the. An employer has no right to reject the resignation of its employee for whatever reason. Therefore they can require their employee to give them 3 month s notice of resignation while they only need to give their employee 1 month s notice of termination.

The annual leave which has been used to offset the remaining notice period will not be paid for by the employer. Under the employment act employees have the right to resign at any time by serving notice or by compensating the employer with salary in lieu. This is partially true for some employees. However if i still choose to go the company can ask for the period notice compensation and some advertisement fees to hire someone else to replace.

It is an offence for employers to disallow employees to leave their job. Any resignation is valid from the date in the letter. In my case the salary in lieu is not stated therefore i must serve the notice period stated and my company have the rights to refuse my resignation. The position at common law is that a notice once validly given is effective and can neither be refused by the employer or withdrawn by the employee without the other s agreement.

Can an employer reject an employee s resignation. It is a common misconception that an employee s notice of resignation is not valid unless it has been accepted by the employer. All you have to do is come to an agreement with your employer to make a change to your contract or agree with them to waive the notice period which is also allowed under section 12 of the employment act 1955 if it applies to you. With your employer s agreement you can use your annual leave to offset the notice period in exchange for bringing forward your last day of employment.