At the end of a career cycle and ready to make your next move? Then a resignation is due!
If you’ve ever wondered if your employer has the right to reject your resignation, here’s what Malaysian Employment Law has to say.
What Malaysian Employment Law says
If you are covered by the Employment Act 1955, Section 12 states that:
“Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service.”
This means that both you and your boss have equal rights to terminate your employment at any time. Therefore, approval of your resignation is not required.
But that doesn’t mean you can throw in your letter of resignation and scurry off! Nor can your employer terminate you out of the blue without a good reason.
Related read: Employees who resign without notice
Check your employment contract
Every employment contract has a section that states your notice period and terms and conditions for termination – like bonds.
It falls on you to make sure you fulfil your notice period and any other contractual conditions for a successful resignation. As long as you do this correctly, your resignation will take effect whether or not your employer “accepts” or “rejects” your notice.
So before contemplating a career change, you might want to read your contract first. Don’t forget to look into any post-termination obligations or restrictions which may survive the termination of your employment.
The bottom line
Your employer cannot reject your resignation.
However, it is your responsibility to ensure you serve out your notice of resignation. Can’t serve your notice period? Then in some cases, you will have to make a payment instead of serving your notice.
Employers also have the choice to let you use your remaining annual leaves to offset your notice period or waive it completely.
If you would like an early release, it is best to discuss this upfront with your employer. Be sure to make the necessary assurances that the handover will be smooth.
Related read: How to Shorten Your Notice Period
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Disclaimer: This post is for general informational purposes only and is not intended to be legal advice. Thank you to the team at Donovan & Ho for providing and verifying these facts.