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Skyscraper
06/03/2012 08:54:35
Re: company can reject pay in lieu for short notice?

Hi... Im resigning, but the company and HR is trying to drag here and there, almost one week of non stop follow up then i only get my last date confirmation. of course, i tried to work things up by discussion, but i dont think its possible and i feel something not right, its really wired, it doesn't make any sense to me.

my notice period is two mths, so i told them i wan to use my annual leave balance to shorter the period, but then HR say it needs my manager approval, when i ask my manager, he says needs few weeks to decide mad.gif doh.gif so now they just calculated my last date to be exactly two months and will en-cash all my AL.

Then I look at cross check my offer letter and staff handbook, it says can pays the equivalent salary in lieu to offset the short notice.


My question is, assume i have 5 days of AL to be en-cashed, whats the diff between

1. Taking to shorter the notice period
2. Encash it first, then convert it to pay in lieu the to compensate company for short notice of 5 days

Since I am willing to pay, and they are rejecting to be compensated, is wat they doing legitimate? unsure.gif unsure.gif unsure.gif
what should i do to leave earlier? should i open a file at the labour department?



something from staff handbook...
The Company hopes that staff will be with us for a long time. However, should there regretfully have
to be a separation, termination of employment by either party shall be effected in writing. The
notification period shall not include any period of absence (i.e Maternity leave, Annual leave,
whichever applicable).

The notification period shall be one (1) month within probationary period and two (2) months upon
confirmation of employment, unless specified otherwise in the employment contract.

In the event of termination without notice, the terminating party must pay to the other party an
equivalent salary in-lieu-of notice. In the case of dismissal for misconduct or contravention of the
expressed or implied terms of service, no notice shall be required.
The Company reserves the right to waive the full or part of the notice period in special circumstances,
subject to the exigencies of the service period.
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KL Siew
klsiew,my@gmail.com
06/03/2012 09:39:24
It is always better to discuss with management and leave amicably. If nothing works, then you may have to do what you have to do. Should there be any dispute, you may have to seek help from the Labour Department.
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