Miss Yap (not her real name) had been attached to a company for more than 5 years now and as she could no longer stand the pressure of her job she had decided to put an end to it.
Miss yap was promoted from an executive to a manager during her employment in the company. When she got promoted, a new offer letter was signed and given to her. In the letter, it mentioned that she will get an amount of salary and notice of termination is as per her employment offer letter. In her first offer letter, notice of resignation clearly states that it requires one month.
After she found a new job, Miss yap tendered her resignation with a month notice and waited for the bosses news and advise on her last day of employment but in vain. Again and again she asked the secretary but still no news. When finally there are news about her last day, it was a bad news.
The boss said that she requires 3 months notice for resignation. Now calling in 2 other senior positioned employees, the boss forced the poor miss yap to sign a letter which states that she requires 1 and a half month notice. How did he forced her? Well the boss said that if she refuse to sign the letter, she will be charged under improper handover and shall be sued. The boss also said that he had consulted the company’s lawyer that it could be done. Now miss yap wanted to handover her job to the boss but he refused. (the boss is miss yap’s immediate superior and have no subordinates as all had resigned)
After such pressure and circumstances, Miss Yap unwillingly signed the letter and the 2 management employees act as a witness. Now after signing the letter, the boss said her last day will be 1 and a half month away. From here it might not look different but in actual fact, the boss had delayed the news for more than 2 weeks.
In other words, in order for miss yap to resign it requires 2 months notice. Considering that you are the employer of the new company, will you wait? Of course the poor lady lost her new job as well. Acting like a good boss, the boss said to Yap that he will consider to rehire her back if she would like to (in a manner that he is doing a favor for her).
What is the point of this story? Its just a reminder to folks out there that bosses could be really nasty if they want to. When you get a good boss, stick with them. It’s a jungle out there.
Now here are my questions…
1. Is it true that the boss could charge yap for improper handover despite the fact that she wanted to handover all these while?
2. Can the boss delay the news and treat it as null?
3. I believe that in the worst case scenario, Miss yap might need to pay the indemnity of maximum the number of days that she did not serve the notice.
4. What can be done to prevent such case from happening to anyone else?
5. Doesn’t Malaysian government have any rules which could prevent such cases from happening again?
If you do know the answer, please do feel free to comment as I would like to learn and prevent it from happening to me
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