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Jen Lu
24/08/2009 15:18:21
Re: Resignation Notice (1 mth of 2 mths required)

I started work with my current company 15 May 2008 and I will be tendering my resignation on 25 Aug with one month notice, i.e. last day is 24 Sep 09. In the employee handbook, under termination notice, it stated that 60days full notice is required. However, with this, I am actually going to provide 30days notice only.

I am currently work as the senior executive in the current company and has been given the good opportunity to climb the career ladder in the new company as a manager.

My questions are:
1. Since the employee handbook (or offer letter) does not state that I can pay in lieu of notice, can the current company deny my request of 1 month notice?
2. I still have 5 days annual leave and 2 days compensation leave, can the company refuse to allow me to take the annual leave or compensation leave?

Appreciate your advice on the above or any other suggestions that you might have.
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KL Siew
24/08/2009 21:03:59
1. Looks like you have to follow the handbook by giving 60 days notice. Since you have given only 30 days notice, you may have to pay indemnity in lieu of the other 30 days even though it was not specifically stated so. Talk to them if they are willing to waive the other 30 days notice.

2. You can apply for the 5 days annual leave balance but not the 2 days compassionate leave which can only be taken when certain compassionate event occurs, just like sick leave.

Despite the above, my suggestion is that you settle everything amicably with your present company before you go. There is still plenty of time for you to do it.
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Jen Lu
25/08/2009 21:16:51
Hi KL Siew,
Thanks for the advice. Just submitted my resignation letter today.

I missed out some information from message previously, i.e. the new company has agreed to pay maximum 1month in lieu of the notice. So, at this point, it is not whether I am willing to pay in lieu of notice but whether the current company is willing to accept my short notice amicably.

Compensation leave are leaves added to our annual leave as replacement when a public holiday falls on Saturdays. I guess, this is equal to annual leave as well? Anyway, I agreed that I will not clear my leave so as to give the company more time to find replacement. Instead, they will pay me for the leave balance.

The VP of Operation who is also the HR person in my current company requested I negotiate with new company for longer notice period, i.e. to start on 1 Oct instead of 23 Sep. This will give them 1 week extra time to look for replacement. I agreed to try to convince the new company and will see what they say about starting on 1 Oct. I am hopeful that all parties will be ok with this.

SIGH! Never easy to tender resignation! Once again, thanks for the advice!
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