Notice Period in Malaysia: Can You Skip It When Resigning?
by Hong Yuan
Jan 7, 2025
at 6:53 PM
Resigning from a job is a common experience for many people. It’s important to handle it carefully. Employers usually want to help their employees. However, employees should consider how leaving might impact the company.
That’s why most job contracts include a notice period. But many employees in Malaysia ask: Can I leave my job without waiting out the notice period?
How Long Is the Notice Period in Malaysia?
In Malaysia, the Employment Act 1955 states that the notice period depends on your job contract. If your contract does not mention it, here are the minimum notice periods based on how long you’ve worked:
4 weeks if you’ve worked for less than 2 years
6 weeks if you’ve worked for 2 to 5 years
8 weeks if you’ve worked for 5 years or more
The Employment Act mainly applies in West Malaysia. It covers certain employees, like those who earn RM2,000 or less each month.
Before you resign, check your job contract to know your notice period.
How Can You Legally Skip Your Notice Period?
If you need to leave before your notice period ends, talk openly with your employer or HR. Here are some strategies to consider:
Have a Discussion: Share your situation and suggest a reasonable exit date. This date should give enough time for a proper handover of your tasks. Most employers appreciate transparency and may be willing to accommodate your request.
Utilize Annual Leave: If you have any remaining annual leave balance, consider using it to shorten your notice period. While this might not cover the entire duration, it could allow for an earlier departure. Just keep in mind that your employer might prefer to compensate you for the remaining leave instead.
Buy Out Your Notice Period: In some cases, your employer may agree to let you buy out your notice period. This typically involves paying an amount equivalent to your monthly salary for each month you skip. Make sure to verify whether this option is available in your employment contract.
Support from Your New Employer: If your new job needs you to start earlier, your employer may pay to end your notice period. This can be a helpful negotiation point as you transition to your new role.
Do You Need to Give a Resignation Letter?
Yes, you need to give a resignation letter when you decide to leave your job. Resigning in person and providing reasonable notice is best.
As of January 1, 2023, the Employment Act includes all workers. However, there are some exceptions. These exceptions are overtime pay and termination benefits. They apply to employees who earn more than RM4,000 each month.
According to Section 12(1) of the Employment Act, you or your employer can end the contract by giving notice.
What Happens If You Can’t Give Notice?
Usually, employees should give notice when resigning, as most Malaysian job contracts expect this behavior. However, there are situations when you might not be able to work during your notice period. Here are a few reasons why you might skip it:
If you decide to skip your notice period for any valid reason, you can refer to Section 13(1) of the Employment Act:
"Either party may terminate the contract without notice by paying the other party a sum equal to the wages the employee would have earned during the notice period."
This means that:
If you resign without notice, your employer can ask for compensation.
This amount is equal to the wages you would have earned during the notice period.
Conclusion
Understanding your rights and obligations related to the notice period when resigning in Malaysia is essential. You can either complete your notice period, negotiate to leave early, or use your annual leave. Clear communication with your employer can help make the transition easier. Always refer to your employment contract and the Employment Act for specific guidance and make sure you leave your job on good terms.
Frequently Asked Questions (FAQ)
1. What if my employer refuses to accept my resignation?
If your employer refuses your resignation, it's essential to document this communication. No one can force you to continue working against your will. Seek guidance from HR or refer to the Employment Act for assistance.
2. Can I resign immediately without notifying my employer?
If you resign right away, this might have legal consequences. You could lose earned wages or face compensation claims. Adhering to the notice period outlined in your contract is best unless you have valid reasons to skip it.
3. What happens to my benefits if I skip my notice period?
If you skip your notice period, your employer might deduct any unused benefits or seek compensation for unpaid notice. Always review your employment contract and discuss it with HR.
4. Can I negotiate my notice period?
Yes, negotiating your notice period is possible. Be honest about your reasons and propose a timeline that works for both you and your employer.
