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02/08/2008 09:51:14
Re: resignation and need to leave without serving full 60 days of notice

dear sir,

I have resigned on 02 August 2008. I'm suppose to serve 45 days of notice. but my new company will require me to join them earlier. I have the money to pay back my current company due to failure to serve full 45 days.

other than the penalty, what other legal actions i may face or my current company can do (worse case)?
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02/08/2008 09:52:37
sorry my mistake on the subject. it should be 45 days of notice period.
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Jim Brown
02/08/2008 12:40:10

You will need to go back to your letter of engaement. In it there will be terms relating to your employment.

With reference to your payment in "lieu of your notice period" I would like to say that it is not a penalty.

In your letter of engagement the company would have stated that you are to serve 45 days or "payment in liee of service".

Now from this I take it that it is not a penalty. What it mean is that your payment is now taken as a replacement of your notice period i.e. YOU HAVE SERVE YOUR NOTICE PERIOD NOT IN PERSON BUT IN CASH which is in your written contract of service.

Sometimes in your letter of engagement there are also clause that say that you are not suppose to work for a competitor. Of course the company is only protecting itself but if I am not wrong, the labour act does not allow such terms as it inhibits an employee to earn a living.

So please read your engagement letter.

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03/08/2008 10:04:07
thanks jim.

what if my boss says he doesn't want the payment? he want me to serve 45 days FULLY? does he have the right to do so?

coz my engagement letter only says if "THE COMPANY" terminates me without giving me 45 days of notice, they will pay in lieu of service period. but it doesn't say if i am the one resigining.
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Jim Brown
07/08/2008 16:36:43
Dear LC

Though your letter of engagement may not have stated it, in the labour law Section 12 (2) states that "The lenght of such notice shal be the same for both employer and employee..."

So you don't have to worry..

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