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21/09/2010 23:42:50
Re: Termination by either party

Hello Siew,

In my employment letter, it stated terminate this contract of employment by giving the other party 3 month's notice or pay the salary's in lieu of notice. I will serve the company for 2 months. Could i insists to pay lieu of notice if the management is not allow me to leave the company one month earlier?

Looking forward for your response.
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KL Siew
22/09/2010 16:50:14
You have to give 3 months notice based on the employment contract. If after giving notice and you want to leave earlier you have to pay indemnity. Section 13 of the Employment Act quoted below is clear about it.

"13. Termination of contract without notice.

(1) Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 12, without waiting for the expiry of that notice, by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice,"
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