Question on resignation

[reebs]

Edit: i have told my boss about my situation and the company assume i will continue. Hence, i have to write resign letter for 1 month notice. I am afraid if i send the resign letter, i have to pay the remaining 1 month.

Edit 2: renewal

Edit 3: i have been received contract renewal but didnt sign.

Edit 4: my boss advise to send resign letter with one month notice because the HR assume i will continue for renewing the contract.[i talked with my boss regarding the contract extension in febuary and i said ok verbally]. I received the contract extension late febuary and did not sign till todat.

Hi,

I just received an offer with another company and i have been comfirmed that i will join the company in 12 April 2024. However, my contract expire in 9 April 2024 and my boss told me to write resignation letter with one month notice. In the contract stated that resignation required two month notice in lieu. Appreciate if i can get an advise on this matter. This is my first company and i dont have any prior experience in resignation. Please refer to below termination section in my contract.

9.
Renewal
The Company may at its sole and absolute discretion offer to renew the
Contract of Employment upon the expiry of the Contract Period on the terms
and conditions to be agreed between both parties. Such offer, if made, shall
be conveyed by the Company to you not less than one (1) month before the
expiry Of the Contract Period. For the avoidance of doubt, nothing herein
shall render it obligatory upon the Company to issue an offer to renew the
Contract of Employment upon its expiry.

1. Termination
   The Contract of Employment shall terminate in any of the following events:

(a)
Shall you fail to meet performance expectation/ agreed KPI sct by the
Client or the Company, you will be place under Perforance
Improvement Plan (PIP); or

b) Failing the PIP shall result in the cessation of your employment,
subject to Company's discretion; or

(c) Upon applicable); the or expiry of the
Contract Period or any renewal period (if applicable) or

(d) By mutual agreement; or

(e) At any time upon you or the Company giving the other party two (2)
calendar month's notice in writing or payment of two (2) month's
salary in lieu of such notice; or

(f) Redundancy as and when Client terminate or end their agreement with
the Company at any time summarily and without paying compensation
of any kind whatsoever; or

(G)
Termination by the Company at any time summarily and without
paying compensation of any kind whatsoever, if you are:
i. guilty of misconduct;
ii. filed to fiulfill Client's expectation and requirements;
ii. in breach of this Letter of Appointment / the Contract of
Employment or any terms & conditions of service; or
iv. in breach of any rules and regulations, or any policies imposed
by the Company.

 

[debbieelaine]

@reebs If contract ends on 9th April 2024, your tenure there ends on that day. Don't sign a renewal contract. In fact, check your contract to determine if there is such thing as auto renewal, if not... Don't bother to extend.

Resignation only comes to play if you intend to leave before 9 April 2024.

If your boss wants you to sign a resignation, it just means he blur sotong. Challenge him to prove if you're still employed on 10th April? If not, just say your goodbyes and leave.

Anyway, your boss must assume that you're on auto renewal, but I don't think so. Read your contract again.

 

[reebs]

@debbieelaine What are your thought on below matter. It seem i mislook renewal part.

1. Renewal
   The Company may at its sole and absolute discretion offer to renew the
   Contract of Employment upon the expiry of the Contract Period on the terms
   and conditions to be agreed between both parties. Such offer, if made, shall
   be conveyed by the Company to you not less than one (1) month before the
   expiry Of the Contract Period. For the avoidance of doubt, nothing herein
   shall render it obligatory upon the Company to issue an offer to renew the
   Contract of Employment upon its expiry.

 

[amrie]

@reebs Seems like:

(1) They didn't offer you or convey to you their intention to renew your Contract of Employment not less than one (1) month of the expiry of your current contract.

(2) You didn't not agree to any T&C of said (not-offered) renewal offer. Added: Best to get someone who understand the phrasing of this line better as there might be some technicality with this T&C phrasing.

Try to raise this politely discuss with your boss and see if you could hand in a letter saying that you will not be renewing your Contract of Employment and that 9th April should be your last day (instead of a resignation letter)

EDIT: Added comments to Point (2).

 

[reebs]

@amrie Hi thanks for your opinion. The company offer me contract renewal but i didnt sign. Any thought on this.

 

[biblequestions]

@reebs Not a practicing lawyer, but I would still think that you are free to leave according to Clause 13(c): expiry of the contract on 9 March 2024. You should be able to start your new job.

But I really don't know why you didn't just tell your old company that you weren't interested in renewing the contract. That would have made it so much easier for yourself

 

[reebs]

@biblequestions My reason was i just received the offer from another company last week.

 

[neostarwcc]

@reebs Did you give the company an indication that you’re staying on?

 

[reebs]

@neostarwcc Yes. My boss asked last month. During that time, i was not yet received comfirmation from another conpany. It was a big mistake in my opinion

 

[kate1989]

@reebs Did you say you're going to stay? Or were you vague about it? As long as it wasn't explicit you should be okay. Send an email confirming your last day is on contract expiry day and you will not be staying.

 

[reebs]

@kate1989 Ya i kinda say it was okay with the renewal contract when i discuss it with my boss.

 

[richdarambler]

@reebs In laymen terms, it seems like the Company should notify one month before your contract ends i.e. 9 March 2024, if they want to renew the contract.

 

[reebs]

@richdarambler They did in febuary. I just received an offer yesterday from other company

 

[kate1989]

@debbieelaine I agree with all these points. Reading the contract (as a contract administrator), the notice only comes into play if you're resigning before the contract expiry. The renewal was offered in February, but was not accepted, nor was there any verbal confirmation made of the acceptance.

Proceed as you would if your contract will expire on expiry date and you don't accept the renewal offer. If the company can 'assume' you're renewing, you can also 'assume' you're NOT renewing also my read is by you not accepting the offer 1 month before expiry, it is implied that you will not renew.

 

[amrie]

@reebs If your contract is expiring on the 9th April, why do you need to give 2 months tender notice?

Can't you just wait for it to expire and just leave? Is there a renewal clause in your contract?

EDIT: Seems just like (C) where your contract will end after its expiry.. There shouldn't be a need to tender and wait another 2 months from when you hand in your resignation letter. Best if you check again with your manager.

 

[reebs]

@amrie

1. I wanted to get clarify. The contract stated for resignation was 2month notice. If i send resign letter, i think i have to obey resignation rule which 2month notice.
2. That is my plan wait and get it expire so that i dont have to pay for notice.

However, i told my boss about this situation and he mentioned that the company assume i will resume the contract so in this case i will have to send resign letter for 1month notice. I am afraid that this is a mistake. I need your advise please.

 

[amrie]

@reebs I'm no lawyer or HR so I won't be the correct person to advise you on this lol

EDIT: See my other comment based on your (9) but take it with a pinch of salt

 

[resjudicata]

@reebs "Edit 3: i have been received contract renewal but didnt sign."

Write a formal rejection letter, and state that your employment with the company will conclude upon the expiration date.

 

[reebs]

@resjudicata is it the same as resignment letter?

 

[resjudicata]

@reebs No. The letter/email shall focus on the point of “I do not wish to renew the contract”.