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effectiveness of resignation letter

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fighter04

hi actually i just resigned last october 12 but i didnt send any letter in post office i just send it my email to hr.Then luckily i got a new job offer so to make it formal i send it by post office on nov.12 and i get my pink card on nov.14 but my employer said that i need to render another mos.as i didnt send letter to post office last time.But they hold my salary last month means i have 2mos.salary on hold now.i dont know if i have any rights to stop to work as they didnt give me also the salary.pls.need some advice..thank you

XTang

If you are on their visa, you cannot work for another employer or stop working for them - they can report you as absconding.  That will create trouble for you.

Immediately go to Ministry of Labour to file complaint for salary in arrears and show your resignation letter.  Then go to LMRA, show them you have resigned by the pink slip and register intent to transfer to new employer.  This can be done without consent of current employer if you have worked with them for more than one year.

It is difficult to say if the email will be accepted as resignation since you did both - a month apart.  That, in all likelihood, will need to be decided by the labor court.

fighter04

i start working there february 15 2017 means i will finish 2years on february next year..

means the 1 month will start from the date i receievd the pink card??

XTang

If you can't prove or labor court doesn't recognize that you resigned a month before.

fighter04

ok sir thank you so much..

but regarding my salary do they have rights to hold all my salary?? til my last day??

XTang

No.  But to get your rights, you HAVE to go to Ministry of Labour which is what I have been telling you repeatedly.  Just saying it is your right won't make any difference.

fighter04

ok thank you for the responds

fighter04

ok thanks for your respond..

fighter04

hi can i ask when can the new employer can apply my visa using my pink card?when i finished the 1mos.that i need to rendered??..coz they call me and they talk to my current employer but they cannot answer my new employer..and my new employer need answer now if they will allow open mobility or cancel my visa..what should i do?as i experience my current company always give problem to dthe people resign..what i need to get in LMRA??do i need to get mobility?as my visa will expired on feb.15.2019..pls.give me advice..thank you so much

XTang

Here is the process to do the transfer with or without consent:



If you follow this then the notice period will be as per the date of the pink slip.

fighter04

notice period means?i need to wait  for 1mos.before to apply the visa by pink card??

XTang

You need to read what is in that link - carefully, point number 2.  It is VERY clear so I don't know why you are not paying attention; I have provided you with all the needed information.

In case the transfer will be done without the former employer’s approval, the following steps will be taken:

1) The employee should notify the current employer of his intention to leave by a registered post letter during the specified notice period of the employment contract termination, in accordance with the provisions of the labour law. The notice should not exceed three months from the date set for the transfer application.
2) The second (new) employer will submit a transfer request/ application to LMRA prior to the date set for the transfer by one month, providing all the required documents.
3) Upon transfer, the first (old) employer will be compensated with the fees of the remaining period of the work permit validity.

fighter04

ok thanks

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