This is a question I get asked quite often.
Well…
Legally, you’re still an employee until your last contractual day i.e. your last day in payroll, even if you’re on approved annual leave. This means there will always be some risk if you start elsewhere before that date.
Let’s understand some basic rules first:
1. Annual leave during notice is by approval. Employers can approve or reject and if rejected, they typically pay unutilised leave in lieu.
2. If you are on garden leave, you stay on payroll but are benched from working, including for a new employer, until your end date.
3. “Dual employment” isn’t expressly illegal in Malaysia, but many companies have moonlighting clauses. Breaching them, or your duty of fidelity, can be treated as misconduct.
4. Post-employment non-competes are usually void in Malaysia (Contracts Act 1950 Section 28). However, restrictions can still apply while you’re employed, right up until your last day.
So… can you start early?
Yes. But only if all three conditions are met:
1. Your current contract has no clause barring other work before your end date (or you’ve got written consent).
2. You’re not on garden leave.
3. You won’t use or disclose confidential information or compete unfairly before you officially exit.
Generally speaking, most people start their new job after their physical last day.
Once access and company equipment are returned, the risk to the former employer is minimal and no company wants to spend thousands to launch a lawsuit over a few days that make no real difference.
Hence, the trick is to leave on a high note.
1. Hand over properly. Leave your files organised so your successor doesn’t curse your name.
2. Keep your relationships intact. Say thank you to your team, your boss, even that one colleague who drove you nuts. You never know when your paths will cross again.
3. Exit gracefully. Avoid venting on social media or oversharing at farewell lunches. People remember your last impressions more than your first.
Remember, when we walk out on good terms, we don’t just protect our reputation, we keep doors open for future opportunities too.
Gitu.
xoxoxo, AuntyHR
