I've tendered my resignation letter and I have to serve 3 months written notice according to the appointment letter. I requested for the early release (serve for only 1 month) and will pay for the remaining 2 months notice. But my company refuses to release me early and want me to serve 3 month written notice and stated that they do not accept salary in lieu of notice and last working day will be binding and enforced without prejudice.
Do they have the right to do that? If I insist to leave by only serving 1 month, what can they do on me?
My salary is more than 3k per month
Section 13 of the Employment Act is quite clear about this but unfortunately you are not covered by it. Unless they have very valid reasons, I don't think they can do much if you choose to pay indemnity in lieu. Do consult the Industrial Relations Department for another opinion.
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,
Thank you for you reply.
I decide to leave the company and inform my company i will only serve 1 month notice ( which my last day will be end of november) and pay for the remaining 2 months notice. But I just received an email from my boss and attached together with release letter. In the release letter it stated that my last working day is on end of January and if i failling to abide to that date, they will proceed with legal actions.
If they really take the legal actions, what should i do?