RegisterLog In

Resignation & Last Day

Yvonne Quah
Member
Fri, 30 Sep 2011 03:37:27 PM  (Last updated: Sun, 02 Oct 2011 02:38:03 PM)

I tender my resignation letter on 25/08/2011 with 3 months notice. My understanding is 24/11/2011 will be my last day with the company but HR informed that my official last day is 25/11/2011.

When I clarify with HR, below is the reply:

Quote

Your last day is on 25/11/2011 as your resignation letter takes effect 25/8/2011 (e.g 25/8/2011 to 25/9/2011 – 1 month).

A month to mean a calendar month which means in your case the three months will expire on 25/11/2011.  If there is a provision in your contract of employment  or your  SOS to say a month means 30 days then your notice will expire on the 90th day.  However in this case there is none.  The period between the same dates in succeeding months in which case it may mean 25/11/2011, which means your last date is 25/11/2011. Whichever route you use, it cannot expire on 24/11/2011.

Unquote

My questions:

1. Am I still an employee of the company on 25/11/2011?

2. If I absent from work on 25/11/2011, does the company have right to hold back my salary or demand for compensation (for not completing the whole of the resignation period)?

KL Siew
Administrator
Sun, 02 Oct 2011 02:38:03 PM

Section 12(4) of the EA states as follow:

"(4) Such notice shall be written and may be given at any time, and the day on which the notice is given shall be included in the period of the notice"

However, if you are not covered by the Employment .Act, you may have to follow the company's rules.

  This topic is closed