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Letter To Employee For Not Serving Notice Period

Letter To Employee For Not Serving Notice Period Template for Malaysia

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Key Requirements PROMPT example:

Letter To Employee For Not Serving Notice Period

"I need a Letter To Employee For Not Serving Notice Period for a software developer who resigned on January 15, 2025, and left immediately without serving their required 2-month notice period, requiring a salary deduction calculation for the unserved period."

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Document background
The Letter To Employee For Not Serving Notice Period is a crucial document used when an employee terminates their employment without fulfilling the contractual notice period requirements under Malaysian law. This document is typically issued immediately upon discovering the employee's premature departure or upon receiving insufficient notice of resignation. It serves multiple purposes: documenting the breach of contract, outlining financial implications, detailing required actions, and protecting the employer's legal interests. The letter must comply with the Employment Act 1955 and related Malaysian employment legislation, particularly regarding notice period requirements and salary deductions. It forms part of the employee's exit documentation and may be necessary for future reference in legal proceedings or employment disputes.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and addressee details including employee's name and address

2. Subject Line: Clear indication of the letter's purpose - 'Re: Failure to Serve Notice Period'

3. Employment Details Reference: Reference to employment contract details, including start date, position, and required notice period

4. Notification of Breach: Statement of the breach - specific dates of resignation and actual last day, calculating the shortfall in notice period

5. Legal and Contractual Basis: Reference to relevant clauses in employment contract and Employment Act 1955 regarding notice period requirements

6. Financial Implications: Clear statement of salary deductions or payment in lieu of notice required, with calculation method

7. Required Actions: Specific instructions on what the employee needs to do, including payment deadlines and methods

8. Closing: Standard closing paragraph, signature block with authorized signatory's details

Optional Sections

1. Training Costs Recovery: Include when the employee has undergone recent training with bond conditions

2. Company Property Return: Include when there are outstanding company assets to be returned

3. Handover Requirements: Include when there are critical handover tasks pending

4. Legal Consequences: Include when considering legal action for significant breaches or damages

5. Non-Compete Reminder: Include when employment contract contains non-compete clauses

6. Exit Interview Reference: Include when there's a requirement for completing exit procedures

Suggested Schedules

1. Notice Period Calculation: Detailed calculation of notice period shortfall and corresponding salary deductions

2. Employment Contract Extract: Relevant excerpts from employment contract regarding notice period requirements

3. Outstanding Items List: List of company property to be returned and pending handover items

4. Payment Calculation: Detailed breakdown of final payment/deduction calculations including any adjustments for notice period violation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions












Clauses















Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Education

Construction

Professional Services

Hospitality

Telecommunications

Energy

Transportation

Real Estate

Media and Entertainment

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Operations

Administration

Management

Employee Relations

Corporate Secretarial

Relevant Roles

Human Resources Manager

HR Director

HR Executive

Legal Counsel

Company Secretary

Department Manager

Line Manager

HR Business Partner

HR Operations Manager

Employee Relations Manager

HR Administrator

Compliance Officer

General Manager

Managing Director

Industries




Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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