Are you thinking about resigning from your job? Whether you’re an employee or an employer, understanding the notice period in Malaysia is crucial. This guide will walk you through everything you need to know, from legal requirements to practical tips for a smooth resignation process.
What is a Notice Period?
A notice period is the time between when an employee resigns and their last working day. It gives employers time to find a replacement and ensures a smooth transition. In Malaysia, notice periods are governed by the Employment Act 1955, which outlines the rights and obligations of both parties.
How Long is the Notice Period in Malaysia?
The length of your notice period depends on your years of service. Here’s a quick breakdown based on Section 12 (2) of the Employment Act 1955.
- 4 weeks notice if the employee had been so employed for less than 2 years on the date on which the notice is given.
- 6 weeks notice if the employee has been so employed for 2 years of more but less than 5 years on such date.
- 8 weeks notice if the employee has been so employed for 5 years or more on such date.
- Payment In Lieu of Notice if the employee doesn’t serve full notice or 24-hour resignation.
How to Resign Properly in Malaysia
Resigning professionally is essential to maintaining good relationships and avoiding legal issues. Follow these steps:
- Review Your Contract: Check your notice period and any resignation clauses.
- Write a Resignation Letter: Keep it concise and professional. Include your last working day.
- Serve Your Notice Period: Work diligently during this time to ensure a smooth handover.
- Exit Interview: Participate honestly and constructively.
Can You Skip the Notice Period?
Skipping your notice period without agreement can lead to penalties, such as salary deductions or legal action. Therefore, if you wish to leave as soon as possible, it is advisable to pay in lieu notice for a smoother exit.
FAQ About Notice Period in Malaysia
1. Can I Negotiate a Shorter Notice Period?
Yes, but it requires mutual agreement. Always get it in writing.
2. What Happens If I Don’t Serve My Notice Period?
You may face penalties, such as salary deductions or legal action.
3. Is a 24-Hour Notice Period Legal?
Yes, but only if specified in your contract or during probation.
Related article: Basic Salary Calculation Guide In Malaysia
In conclusion, understanding the notice period in Malaysia is essential for both employees and employers. By following the guidelines in this article, you can ensure a smooth and professional resignation process.
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