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Carol liew
05/03/2014 13:13:38
Re: Tender resignation before on maternity leave

Hi, hope somebody can help me.

My manager earning 6k salary per month, supposingly she will on maternity leave start on 15 March 2014. However, she tendered resignation letter before on maternity leave with serve 3 months notice. Is it she still entitled to maternity leave?

My boss says no need her to serve 3 months (meaning that can anytime early resign before on maternity), is it my boss have the right to says no need to serve notice?
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KL Siew
klsiew.my@gmail.com
05/03/2014 16:30:08
As I see it, the scenarios can lead to misunderstanding. I think you better discuss the issue with the Labour Department and get an official clarification and let the staff and your boss know about it. Don't tell the Labour Department her salary is over 6k, just don't mention salary.
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Carol Liew
05/03/2014 17:39:03
According to the Employment Act clause of termination notice, " Either party to the contract of employment can waive their right to the notice period or pay an indemnity amount to the other party for the unexpired portion of the notice period'.

Is it meaning that the party receiving the notice of termination, has this right to waive the notice required but both parties must be mutually agreed to waive the notice required right? If not, employer is needed to pay an indemnity amount right?
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KL Siew
06/03/2014 09:14:34
That staff is drawing 6k, the Employment Act is not applicable to her. Yes, you are right, things have to be sorted out between the parties and there could be misunderstanding as I have mentioned before.
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