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18/02/2011 14:33:30
Re: Notice period on employment letter vs changed of notice period via email

Hi Mr. Siew,

Hope you can help me in this predicament.

My notice period as stated and signed on my employment letter is 2 months. However, in 2009, there was an email form HR which says that new employees and existing employees who gets promoted after the email will bear a notice period of 3 months. I got promoted after this email but on my promotion letter it does not state the change of my notice period and this letter does not require my signature. The only clause here is as follows:
"All other terms and conditions of your employment shall remain unchanged, except the additional benefits and entitlement that comes with this promotion as provided for in the Terms & Conditions of service, if any."

Now that I've resigned on 24th Jan, HR insists that I give 3 months notice and if I leave any earlier, they are requesting for payment for short notice period. They have not given me my release letter to date as well.

My question is, can they change notice period via email and not have their employee agree on the new terms through signing of promotion letter that states the change in terms? And if I leave after giving my notice period of 2 months as stated on their employment letter without getting the release letter from them, do they have the rights to hold back my salary or ask me to pay for short notice?
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KL Siew
18/02/2011 17:25:29
In my opinion that email is valid. Consult the Labour Department for official views.
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