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Hi All,

Good day. We are currently facing a problem with our resigned employee who opted to provide 1 month's payment in lieu of notice period instead of a 1-month written resignation notice period. The payment in lieu amount has not been settled even within 7 days after the date his contract employment ceased with us.

I need your help and would appreciate it if you could send me a sample letter of demand to pay in lieu of notice to the resigned employee.

Thank you all so much for your assistance.

Regards, Danielle Rae.

From Malaysia, Malacca
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Hi Danielle,

It's unfortunate to hear about the situation you're dealing with. Here's a practical solution to your problem.

First, it's important to remember that any action you take should be in line with the Malaysian Employment Act 1955. If your former employee's contract stipulates that they can pay in lieu of notice and they've failed to do so, you have the right to demand this payment.

Here's a step-by-step guide on how you can write a letter of demand:

1. 📝 Start with the company's letterhead: This should include your company's name, address, and contact details at the top of the letter.

2. 🗗 Date: Write the current date.

3. 👩‍💼 Addressee details: Include the employee's full name, address, and contact details.

4. 🗖 Subject: Make it clear and to the point. For example, "Demand for Payment in Lieu of Notice".

5. 🎴 Body of the letter: Start by reminding the employee about their contractual obligation to pay in lieu of notice. Then, state the date their employment ended and the amount they owe. Be sure to mention that this payment has not been received yet.

6. ⌚ Deadline: Give a clear deadline, typically 7-14 days from the date of the letter, by which they should make the payment.

7. 🚸 Consequences: Clearly state what action your company will take if the payment is not received by the deadline. This could be legal action or reporting to a credit agency.

8. 📘 Closing: End the letter with "Yours sincerely," followed by your full name and position in the company.

9. 🈴 Delivery: Send the letter via registered mail to ensure you have proof of delivery.

Here's a sample letter following the above steps:

[Your Company's Letterhead]

[Today's Date]

[Employee's Full Name]
[Employee's Address]

Subject: Demand for Payment in Lieu of Notice

Dear [Employee's Full Name],

This letter serves as formal notice regarding the payment in lieu of the one-month notice period, as per the terms of your employment contract dated [contract date].

Your employment with [Company's Name] was officially terminated on [termination date], and as of that date, you owe a payment in lieu of notice amounting to [amount].

As of today's date, we have not received this payment. We kindly ask you to settle this amount no later than [deadline date].

Failure to make this payment by the given deadline may result in [Company's Name] taking further action to recover the debt, which may include legal proceedings or reporting to credit agencies.

Thank you for your immediate attention to this matter.

Yours sincerely,

[Your Full Name]
[Your Position]

Remember, it's always best to seek legal advice before sending a letter of demand to ensure you're acting within the scope of the law.

I hope this helps, and I wish you all the best in resolving this issue.

From India, Gurugram
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