My employer do not allow me to resign..I need advice please

Last activity 22 November 2022 by myfotowink

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myfotowinkNew member11 August 2022 12:21:00

Anyone can give me advice? My contract will expire february2023 but due to some family matters back in my country, I tendered my resignation with 30 days advance notice.

My contract stated that I can only resign if the company breach the conditions written in the contract. And since my reason for resigning is I need to go back to my country due to family matters need to settle, then they not accepting my resignation unless I pay the remaining months before my contract expires which is 5 months. My contract do not say any payment need to settle. My boss just want to twist the situation.

What is the best thing to do?

many thanks in advance

myfotowinkNew member11 August 2022 12:30:40

My contract states this clause:

"The employee may only terminate this contract prematurely if the company should fail to carry out the stated conditions in this contract and only by stating in writing to the company those conditions at fault and allowing the company 1 month period to rectify the fault. In the event the company fails to rectify the fault then the employee has the right to leave the company."

harshisrActive member12 August 2022 04:43:21

You can leave country without any other details. Just the company can blacklist you and you can not come back to Malaysia like say 5 years

cvcoMalaysia expert13 August 2022 14:18:28

1219

Its hard to give advice when you signed a contract of an indentured slave. My only advice is to contact a lawyer to write the employer that slavery is against the law and you will sue if they take adverse action against you. I believe the contract is illegal, invalid and therefore unenforceable. THAT SAID, I dont know the law of Malaysia in this regard, maybe slavery is legal.

As a practical matter, you gave the written notice of departure, so depart. Nobody can hold you or jail you, so leave on your schedule. As to consequences, that has to be sorted out in time by a lawyer which doesnt matter if you are not coming back. Should you fix things and come back for another job, do not ever sign such a ridiculous contract again.

Last point, employers often make up terms and conditions they know will not hold up in court but are done to intimidate the staff into doing what they want and not causing trouble. In other words, their threats in the contract or in meetings mean nothing and they cant and wont act on them.

I'll stress that Im not a lawyer and Im not giving you legal advice. You should consult a lawyer for any steps you should follow in breaking this.

myfotowinkNew member16 August 2022 12:41:20

Thanks for the advices. As of the moment its been a week since I tendered my resignation but still the HR still silent. I ask my CEO and she told me they still not accepting my resignation. I ask her what are the grounds for not accepting my resignation and the only reply is she want face to face interview before they accept my resignation.

As to when she planning to talk to me in-person she cannot tell so I will wait for this 2nd week. They need to give me an "acceptance letter" stating that the company is accepting my resignation which I'm surprised how come there is a document like that which is not stated in my contract.

My plan B is to make a report to my embassy and ask for their advice regarding this matter.

cvcoMalaysia expert17 August 2022 01:52:49

1219

I know that Acceptance letters are common and asked about frequently in this forum. Its usually involving someone who is trying to change jobs or deal with taxes or other issues. From MY point of view, a employee isnt bound by any requirements not found in the contract. If the contract said "Acceptance of resignation is solely at the option and discretion of the employer," thats another matter and now we are back to what I believe is an unenforceable contract due to its intention of slavery.

Personally, I wouldnt wait a week, I would reply that a meeting isnt part of the contract but you are willing to accommodate a special request for one provided that its immediate. Or, you can say you are unwilling to meet a non-contractual request and are leaving Malaysia on (date).

I want remind about something important. You create new contracts when you agree to new things like meetings or agreeing with them that they dont have to accept your resignation so dont do that. Hold your position and dont agree to hand over money or anything.

Again, MY point of view, you gave written notice and have a date to leave. The rest is THEIR fight if they choose to. Maybe THEY need a lawyer if they want to fight. Personally, my guess is that they didnt meet yet because they have nothing to say or dont know what to say. They are stuck and all they can do is intimidate you, hopefully into new agreements like "ok, refund us 6 months salary and we let you go" or "ok, you can leave but you must stay one more year" or something.

myfotowinkNew member18 August 2022 21:54:11

Just an update...My boss already talked to me finally after 10 days of silence after I tendered my resignation.

He said, as per my contract, the only way I can terminate early is when the company violates any provisions mentioned in the contract.

He said even though it is not stated that I need to pay to compensate, I still need to pay because according to him that is how Malaysia labor law works.

Will the company have the right to hold me in immigration if I still insist of going home?

Alex627Member19 August 2022 00:10:12

I don't believe anyone has the right to hold anyone against their wish, so long as adequate notice is given and based on circumstances. I was not aware there is a law that stops one from leaving based on a clause in contract, which is real slavery as someone said and I don't think that is a legal clause, but do check with your embassy.

Since you have signed it you have agreed to it, however, there should be a way out which your embassy can guide you or as someone else said, you can simply leave and the most that can happen is you being blacklisted. You can then ask yourself, do you really want to come back here to work?

I don't know your employer or the company you work for, but there is a lot of arm twisting that happens here and that is unfortunate. Since you also said its due to family reasons, you can probably ask your employer for a months travel permission with no pay, come back and work till the end of the contract term, that would be a mutual win-win and less stress. Hard times, you need to make some hard decisions and be careful next time not to accept such clauses in contract, not only in Malaysia but anywhere you plan to travel and work next. I'm very sure you are not giving your employer 100% of your time and focus, as this is your distraction and holding on to you is only a waste of time and money for the employer.

Wishing you the Best.

cvcoMalaysia expert19 August 2022 09:18:33

1219

Myfotowink,

I agree with Alex and would like to take his comment further by saying the problem in Malaysia is that people seldom challenge employers in a court of law and hence, employers get away with murder. Since you, myfotowink, again described slavery and that the employer confirmed they wish to hold you to non-existent contract terms you didnt agree to, your employer has nothing but hope that you wont pursue them via lawyers because they have no case.

This is off the topic but illustrates the same malaysian mind. An agent showed me a rental house and told me XYZ terms and details. I should say he never actually showed me the house, he only told me about it and I located the owner myself. I took the house and moved in. Following week, agent appears at the door demanding one month's rent as his commission based on "I know you didnt agree to that but thats how we do things here in Penang." I said, NO YOU DONT and I will never pay you a cent. He had bitter words for me, called me a thief and a cheat, threatened to go to the police, call his lawyer, call the neighbors! I said, Great! I'll be right here! I never heard from him again.

This is why, i learned 40 years ago in USA, asians despise contracts. They like to make up rules on the fly, as they go along. Westerners and others depend on contracts for stated obligations for the very reason you and I had the very same problem as to this crazy mindset that will not hold up in court.

To your question, I am not personally aware of immigration's ability to detain or block a person over this and have never heard it said. I have no direct information to share.

You can check with your embassy but I didnt mention it because embassies stay out of local laws. They mainly exist to help you if you lose your passport or something and cant intervene in local disputes. It doesnt hurt to ask, though. Try.

Based on experience, lawyers dont charge for a question and consultation, just when they take a case so dont be afraid to google for one and get on the phone. You can also contact the labor department with your questions but I fear they will be hard to contact and if you write an email, it could be a long time for a reply. Do you have a labor office near you that you can visit?

Im afraid to ask you, when you met with your boss about this and he explained his point of view, did you agree to that or anything? I told you not to! The legal term for this is NOVATION which is the adding on to a contract or replacement of one agreement with another which your boss is attempting and if you agree, you strengthened his position. Had I been in the meeting i would have said, "thank you for your time. I dont agree, I gave my notice and im still leaving on schedule" and walk out.

As to blacklists, here again that is something that could be sued over when the time came, like if you come back. Alex had a good idea, to let you off now and you will return and complete your time later but if you make a proposal like that you have to take care in exactly what you are agreeing to. Likely though, the boss wouldnt expect you back and wants you to pay money now. You need a lawyer to address this firmly including maybe writing a letter on your behalf. Lawyer letters have weight since the recipient will have to start spending money to, in this case, defend a very weak position.

Alex acknowledged what you agreed to originally but like i said, agreements have no force or effect when the premise or foundation of the terms is illegal to start with -- like slavery. And THAT is something you dont want to get into with your boss, thats the task of your lawyer.

myfotowinkNew member19 August 2022 12:18:18

#10

Thank you alex and cvco for your advises. I think the best option for me is to just continue with my decision of going home.

But to be sure on my side its better I will not inform them on my travel date to be sure they cannot do anything that may possibly hold me at the airport.

I am working for 4 years here and never a single moment that the company allowed me to have a vacation of 14 days as mentioned on my contract. 7 days is the maximum. If more than 7 days they always cancel. So you're right for the term "slavery".

My father died last 2 months ago, I applied immediately for emergency leave but my boss rejected my application, even if it was only 4 days I am requesting.

The other day I contacted my embassy and the only reply I got is that Malaysian labor law will still ask me to pay even if it is not mentioned in my contract. So I guess they just don't want to get involve on this.

The same thing that my boss told me when we talked, he said impossible that I can terminate my contract early.

Actually many employees already leave this company some of them did leaving without notice.

Because they know the company will not allow them if they inform about leaving.

My final decision, I will just leave Malaysia without informing them. I don't care if they blocklist me in Malaysia.

By the way, my Boss is a British national and his business here in Malaysia is now about 28 years. He got many contacts from the government that's why he is not afraid if somebody sue them to court.

They even asking me to write a letter stating that I am cancelling my resignation because they can do anything just to sue me if I still push my resignation.

They got power and money, which I don't have so better I just keep my silence and wait for the right time.

I am still a foreign worker here, if I decided to fight this into court I have no other source of income and I have a family to support back in my country. So better I go on with my life but not here anymore.

I will just wait for my salary and then just buy a plane ticket and leave.

Thank you for all the advices. I will send you an update once I arrive in my home country.

cvcoMalaysia expert21 August 2022 08:13:54

#11

1219

Myfotowink,

For all you said in reply, i kept thinking about your father. Im very sorry about that and their treatment of you is wretched and inexcusable. Me, of course I would have left to be with family, come what may.

Im very surprised at the labor depts view but this is the mindset of the country. At the least they should have told you to see a lawyer and never support a position that terms outside a contract are valid. Its absurd.

Regardless of the power and connections of your boss i personally wouldnt be afraid to fight them but in reality I doubt it would get that far for one employee. They need to be sued to permanently change their contracts. I hope someday someone does. As it is, they violated several laws including time off or holidays. Its too bad people have to put up with crap like this.

I have no argument against your plan. Seems no other choice. Ok take care.

NemodotViP22 August 2022 15:12:12

#12

2119

@myfotowink

Hi this is not legal advice please see a lawyer.

Under the 1955 Employment Act an employer cannot reject a resignation letter. Non resignation contracts are illegal, certainly cannot be one sided eg if they say they can give you 30 days notice then same MUST apply to you.

cvcoMalaysia expert23 August 2022 08:05:51

#13

1219

Myfotowink,

When you get home, send your boss a postcard of you laying on the beach drinking something interesting. "Hi! Wish you were here!"

Kovu01Active member23 August 2022 14:06:23

#14

with two extended middle fingers

Rajesh RodriguesNew member24 August 2022 01:28:04

#15

Send Resignation letter through Post AD. he must recive letter with proof of signature..

myfotowinkNew member22 November 2022 12:40:48

#16

Good day to all. I just want to say thank you for all your advices, I am now working in other countries I moved out of Malaysia without proper exit clearance.

But now I have another problem, hahaha.

Is it true that if I do not have proper exit clearance I cannot comeback to Malaysia even as a tourist?

Because I have fixed deposit account from my previous bank in Malaysia, I contacted the bank to withdraw my FD account and credit on my ATM account, but according to bank the withdrawal of my FD should be personal ang no other options other than that.

So if I comeback to Malaysia as a tourist, will be denied entry since they will see on the system about my previous work without exit clearance?

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