That is the reason why I’m writing this article and I do hope that this simple article can clear some of your doubts.

The first thing you should do is to check your employment agreement. Different companies have different policies so this is not standard across the country.

For those with employment agreement which says that the probation period will be extended unless being told otherwise, it means that if you are not being given the confirmation letter, you will be regarded as someone who is still under probation. If your probation period has ended, please please please ensure you know the status of your employment with the company. This is because if they do not confirm you, there should be a letter which informs you that the probation period has been extended.

But by default, an employee will be automatically confirmed even if there is no confirmation letter. This is based on my conversation with few friends in the Human Resource sectors. Unless, you have a special clause like “your probation period will be extended unless being informed otherwise”. Then it’s a different story.

Again, I must stress that different companies have different policies. As far as I know, most companies practice the default policy where any employee under probation will be automatically confirmed after the probation period has ended, even without any confirmation letter.

So, do take note of the change in notice periods because once you’re being confirmed, the notice period will become significantly longer.

Hope it helps and do correct me if I’m wrong.

If you still have some doubts, please feel free to contact the labor department.

Contact number for local labour offices in Malaysia

or simply go to the official web site.

Labour Department Peninsular Malaysia

Yes if

• You are being tied under an employment contract which does not allow you to leave. I was in such a contract during my fresh graduate time – a 6 month contract which would require me to pay the money back (6 months salary) to the company if I were to leave.
• You have a bond with the company. This is usually activated if the company sends you for trainings. Be careful of such bonds because some of them can be ridiculously unfair.
• Or there is/are clauses in your employment contract which does not allow you to leave the company. Always read the employment letter properly before signing.

Otherwise, it’s a big NO. Companies do not have any right to stop you from resigning as long as you

• Serve the notice period.
• Pay back any money which you owe the company – bonds, notice periods, etc.

The reason I’m writing this post is because there are people who actually asked me what should they do if their bosses do not allow them to resign. Fact is, your bosses cannot stop you from resigning under normal circumstances. The labor law is on your side this time.

So for those inexperienced people, don’t worry. You should serve your notice period on the day you submit your resignation letter. Again, this is under normal circumstances and assuming you don’t have any debts/loans/bonds with the company.

If you are not sure, feel free to contact the labor department.

Contact number for local labour offices in Malaysia

or simply go to the official web site.

Labour Department Peninsular Malaysia

p/s… if you’re dealing with recruiters/headhunters, consult them because they know the labor law pretty well and they know how to deal with such situations.

It is. By forcing these employees to go on unpaid leave, the employers are indirectly forcing them to resign. After all, who can live without getting paid for so long especially when everything is so expensive now. By making them resign on their free will, the employers do not need to pay any form of compensation. Pretty good deal right?

But can the employers actually force the employees to take unpaid leave?

It’s very subjective.

Anyway, based on my conversation with some friends in the HR field, my sister and my father, here are some of the factors which might be associated with this.

• The company can come out with a memo which requires a selected group of (or all) employees to take forced leave. If you have no annual leave (usually those under probation), then you will have to take unpaid leave.
• The company has such records in the past and does not mind its image and reputation being tarnished.
• The company is trying to get rid of a large group of people but not willing to pay the compensation.
• If you are a contract staff, you might not have any annual leave and by forcing you to take leave, it is indirectly asking you to take forced unpaid leave.
• Some employment contracts do not allow the employee or employer to end the contract without mutual consent. However, the employer can requires the contract employee to take forced unpaid leave as a mean to terminate the contract.

The points above are based on my opinions and might not be entirely correct. However, I truly believe that contract staff is the group of people who is most vulnerable to this “scheme”. For permanent staff, the companies supposedly cannot ask you to go on forced unpaid leave (unless you no longer have annual leave) for an extended period of time.

At the end of the day, it is best to save your annual leave if possible and read the terms & conditions of your employment letter THOROUGHLY. If you have any doubts, refer to your HR, lawyers or call the labor department for help.

Last but not least, all the best and hopefully this kind of thing will not happen to any of you. It has already happened to some people, but I’m not sure about the actual situation. If you know anyone who has experienced this, feel free to drop a comment here. I’m sure most of us want to know what actually happened.

Hope it helps.

Don’t resign! Not yet anyway

Never ever resign until you have the physical offer letter with you. It can be a softcopy, as long as there’s a signature at the bottom of the document. Because at that point, what separates you from that job is just your own signature. And if you don’t have this, the company can always break its verbal promise and withdraw the offer to you by giving you all sorts of excuses such as they found a better candidate or they cannot pay you, etc.

Continue to go for other interviews

As long as you have not joined the new company (or if you’re nicer, have not signed the offer letter), it is okay for you to go for other opportunities or job interviews. No harm to explore more. Who knows, maybe there’s a better job opportunity out there than the one which you have been verbally offered. And if you really get another job offer, you can always compare and see which is more suitable.

Wait

Supposedly, the new company will tell you how they will deliver the offer letter to you and by when will it be delivered. If they expect you to go and take it yourself, then they will inform you when it will be ready. Once you know the date or the time you’re supposed to wait, the other thing you can do is to …wait. Just wait for them until that particular date. Remember, being eager and interested is good, but being desperate is not. Never show your desperation of landing the job. Just give them “that” much time to prepare.

Call them

If the offer letter has not reached you even after you’ve waited for that amount of time, then you better call them up. For example, if it is supposed to be ready on Monday but it’s not, it’s better for you to call them up. You need to show you’re concerned and interested. It might help also if you tell them you have another pending offer. This is what happened to my friend who has one “physical” offer letter, and another verbally agreed offer letter. She prefers the latter so she called the company up and informed them about the truth. The new company, if they’re still interested, will explain to you about the delay and will give you another time/date for the offer letter to be ready. That should give them a slight “push” towards the right direction. But be careful with your words as not to sound too pushy.

I know it’s a bit hard to remain calm and patient when a company verbally agrees to extend a very good job offer to you….but the actual offer letter is yet to be seen. I know how it feels but there is really nothing much you can do here. Don’t ever push them too much. You need to be professional, and NOT a nuisance to the Human Resource department.

Good luck and happy hunting.

The notice period they have to give me if they were to terminate me during probation period is 2 weeks. On the other hand, if I were to leave, I would need to give them 1 month of notice period. This is unfair. I’ve also heard of worse agreements where the employer only needs to give the employee 24 hours notice period, but the employee needs to give the employer 2 weeks – 1 month of notice period.

Remember that employment agreement, if possible, should be fair to both employee and employer. Because it is the black and white document which will safeguard the interests of both parties.

The problem here is, most local companies are just too shrewd and cunning. They will always find opportunities to make the agreement one-sided. If they don’t want you anymore, they can kick you out very fast. But if you don’t want them, you can’t do the same. Funnily, there will always be people who agree to such unfair treatment.

That’s why I always told my friends to check the agreement properly before signing it. If it is unfair to you, then you will have to make the call.

Is the job (benefits/salary/prospect) really that good, that you are willing to ignore the one-sided agreement? Is it worth to take the risk?

If it is, good, make your decision and don’t regret if something bad happens. If no, then go out and find another job offer. Just be prepared because this kind of thing is quite common in Malaysia.

Good luck.