When Nadia decided to resign from her company, she followed the proper procedure. She drafted a resignation letter, gave the required one-month notice, and submitted it to her manager. She thought it would be straightforward: serve her notice, hand over her tasks, and move on to the next chapter of her career.

But things took an unexpected turn. A week after her resignation, HR handed her a “confirmation letter,” stating that her probation had ended and she was now a permanent employee. At first glance, it might have seemed like recognition of her performance. But then her manager explained that this confirmation meant her notice period was now longer than before, and she would have to stay for an additional two months.

Confused and frustrated, Nadia wondered: Can they really do this?

What the Law Says

The Employment Act 1955 (Act 265, as amended 2022) is clear about termination of employment:

• Section 12 states that either employer or employee may terminate a contract of service by giving notice of termination, with the length of notice determined by the contract or the statutory minimum (usually four weeks if unspecified).
• Once an employee tenders resignation, the employment relationship is already on a path to end. The employer cannot unilaterally extend or change the notice period after the resignation has been submitted.

Confirmation letters serve a different purpose. They are meant to confirm that an employee has successfully completed probation and is now permanent, entitling them to certain benefits. However, issuing a confirmation letter after a resignation has been submitted does not cancel or override the resignation.

The Industrial Relations Act 1967 also provides that employers must act in good faith and maintain fair practices. Using confirmation as a tool to “trap” an employee into staying longer could be challenged as an unfair labour practice.

Lessons to Learn

For Employees:

• Your resignation is valid as long as you follow the agreed notice period in your contract or the minimum under the Act. Do not be pressured into thinking that a post-resignation confirmation letter can bind you further.
• Always keep a copy of your resignation letter and record the date it was submitted. If disputes arise, these serve as evidence.
• If your employer refuses to release you after the proper notice, you can file a complaint with the Jabatan Tenaga Kerja (JTK) or pursue the matter at the Industrial Court.

For Employers:

• Confirmation letters should be issued during probation, not after resignation. Using them to extend notice periods is not only unlawful but also damages trust.
• Employees have the right to resign. Trying to hold them back beyond the contractual or statutory notice period may expose the company to legal challenges and reputational harm.
• A professional exit process is part of good HR practice. Respecting employee decisions to leave is key to maintaining industrial harmony.

Conclusion

So, is it legal for a boss to use a confirmation letter to hold an employee back after resignation? The answer is no. Once resignation is tendered and notice is served according to the Employment Act or contract, the employer must respect it. Confirmation cannot be used as a tactic to extend employment against the employee’s will.

The law is clear: employment relationships are built on mutual agreement. When either party ends it properly, it must be honoured. For employees, the lesson is to know your rights and stand firm. For employers, the lesson is to act fairly and in good faith. Holding someone back unlawfully may only lead to disputes and unnecessary conflict.