Staff Resignation with 24 Hours’ Notice: Is It Legal and How Should HR Respond?

A 24-hour resignation happens when an employee leaves their job with only one day’s notice, or sometimes immediately.

Employees may leave for urgent personal matters, workplace conflicts, or to accept a better job offer that requires them to start immediately.

Sudden resignations can cause problems for employers. Work may be left unfinished, projects may be delayed, and HR has to quickly find someone to take over the job.

What Does Malaysian Employment Law Say About Notice Period?

Under the Employment Act 1955 and the employee’s contract:

Employees must serve the notice period stated in their employment contract.
If no contract exists, the law sets a minimum one-week notice for employees who have worked at least one month.
Notice periods can vary. Some contracts state two weeks, one month, or longer, depending on the role.

An employee can resign without serving notice only if the employer has seriously broken the contract, such as not paying wages, providing unsafe working conditions, or harassment.

Is a 24-Hour Resignation Legally Valid?

Legally, resigning without serving the full notice is a breach of contract.

Employers can deduct salary for the unserved notice period (salary in lieu of notice).
In rare cases, if the company suffers financial losses, it may take legal action against the employee.
Sometimes employers accept 24-hour resignations, especially if forcing the employee to stay longer is not practical.
If the employee faced serious issues like bullying or harassment, leaving immediately may be justified.

Employer’s Rights in 24 Hour Notice Resignation

Employers still have certain rights if an employee leaves suddenly:

Salary in lieu of notice: Employers can deduct the notice period from the employee’s final salary.
Deductions or claims: If stated in the contract, the employer may also claim damages if losses can be proven.
Final salary adjustments: Employers must still pay for unused leave and other benefits, but the notice pay can be deducted.

How to Handle a 24 Hour Resignation for HR

Even if the resignation is sudden, HR should remain calm and professional:

Check the contract. Look at the employee’s contract to confirm the agreed notice period.
Conduct an exit interview. Have a quick conversation to understand why the employee is leaving so suddenly.
Task handover. Ask the employee to pass on passwords, files, or project details immediately.
Keep it professional & respectful. How the company responds will affect its reputation as an employer.

How Employers Can Prevent Sudden Resignations

Not every sudden resignation can be avoided, but companies can reduce the chances:

Make sure notice periods are written clearly in every contract.
Remind new employees during onboarding about notice period rules at the start.
Build a positive workplace culture and offer growth opportunities.
Address problems early, keep communication open, and deal with employee concerns before they reach the breaking point.

24-Hour Resignation Templates

Template of Employer Response to a 24-Hour Resignation

Dear [Employee Name],

We acknowledge receipt of your resignation dated [insert date]. As stated in your employment contract, your notice period is [X weeks/months]. Since you have chosen to resign with immediate effect (24 hours’ notice), the company will:

Adjust your final salary to deduct the unserved notice period (salary in lieu of notice).
Process payment for any unused annual leave and other benefits owed.
Require the return of all company property (e.g., laptop, access card, documents) by [insert date].

Please complete the handover of your duties and provide all relevant files, passwords, and client information to your manager by [insert date].

We thank you for your contributions and wish you success in your future career.

Sincerely,
[Your Name]
[Your Position]
[Company Name]

Template of Resignation Policy Clause (for Employee Handbook or Contract)

Resignation Notice Policy

Employees who wish to resign are required to provide [X weeks/months] written notice.

If an employee resigns without serving the full notice period:

The company has the right to deduct salary equivalent to the unserved notice (salary in lieu of notice).
Final salary and benefits will be adjusted accordingly.
Company property must be returned before the final payment is released.

Management reserves the right to waive the notice period at its discretion.

FAQ

Can an employee resign with 24 hours’ notice in Malaysia?

Yes, but it usually means breaching the contract unless the employer did something wrong.

Do employers have to accept a 24-hour resignation?

Yes, employers cannot stop someone from resigning, but they can make deductions for the unserved notice.

Can salary be deducted if the notice period is not served?

Yes, salary in lieu of notice can be deducted from the final pay.

How should employers handle pending projects if an employee quits suddenly?

Quickly reassign work, arrange handovers, and consider temporary staff if needed.

What if a foreign worker resigns with 24 hours’ notice?

The same rules apply, but employers must also update immigration and work permit records.

How does resignation affect EPF, SOCSO, and EIS contributions?

Employers must contribute until the employee’s last working day, even if the notice was not served.

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