Nutty 4th Gear July 31, 2007 Share July 31, 2007 Asking this on behalf of a friend. 1. My friend tendered her resignation recently. She is currently serving her one month notice, but her new company requested her to start earlier. 2. She approach the director and requested for early release + compensate the company. 3. Director refused her request and insisted that she should serve her full one month. 4. In the appointment letter, it is stated that "Early release is subjected to management approval". Does the director has the rights to stop my friend from leaving earlier? Isn't that equate to SLAVERY? Anyone can advice me? ↡ Advertisement Link to post Share on other sites More sharing options...
Apollo 1st Gear July 31, 2007 Share July 31, 2007 aiya.. so simple, take 2 week m.c. lor. next... Link to post Share on other sites More sharing options...
Nutty 4th Gear July 31, 2007 Author Share July 31, 2007 There is a clause that says the employee's employment will be automatically terminated should he AWOL from work for 3 days. She could have taken this path as well. But the key thing is - I believe most of us wants to leave amicably without burning any bridges. Taking 2 weeks MC reflects quite badly on the employee's attitude. (And how to keng 2 weeks MC? Can you teach me?) Singapore job market is small, and this kind of attitude might easily spread to other companies. Link to post Share on other sites More sharing options...
Nkps 1st Gear July 31, 2007 Share July 31, 2007 YA, take MC lor.... if not ask RadX to help, sure early release Link to post Share on other sites More sharing options...
Nutty 4th Gear July 31, 2007 Author Share July 31, 2007 Oh by the way... while you are on MC, you are still legally working for the current company. If you just move over to the new company, doesn't that mean you are working for 2 companies at the same time? It can get nasty, isn't it? Link to post Share on other sites More sharing options...
RadX Moderator July 31, 2007 Share July 31, 2007 IMO, she shld serve the entire term. IT reflects her attitude as well. If the new employer thinks otherwise, I dun think much of that employer. The new employer, for all the worth in salt should understand. Honor the 1 month, then leave. No problems would arise Link to post Share on other sites More sharing options...
RadX Moderator July 31, 2007 Share July 31, 2007 eh sli hor...my Certificate, normally the person cannot work after that Link to post Share on other sites More sharing options...
Nutty 4th Gear July 31, 2007 Author Share July 31, 2007 Link to post Share on other sites More sharing options...
Apollo 1st Gear July 31, 2007 Share July 31, 2007 of cos i understand lah... SAF rule mah.. do anything dun get caught. just submit 2 weeks MC and then talk amicably to the new mgmt the old one may still need her help. whilst at same time, tell old one to end since the MC is long. also can get extending MC mah. 3 days then add another and another and another. eventually pple give up. Link to post Share on other sites More sharing options...
Slowmo Clutched July 31, 2007 Share July 31, 2007 Would depends on which industry she is in. Some industries are very small... word can get around... just be prepared for the worse if one decides to take the '2 jobs' path. My take is, be responsible and hand over everything in that 1 month and then go over. Tread carefully. Link to post Share on other sites More sharing options...
Watwheels Supersonic July 31, 2007 Share July 31, 2007 slavery? I believe all these is stated in her contract. A lot of companies are practicing the same thing. Just serve the one remaining 1 month. Anyway the other company only requested her to start early. Your friend can always explain her situation and ppl will understand. Link to post Share on other sites More sharing options...
Eugh Neutral Newbie July 31, 2007 Share July 31, 2007 4. In the appointment letter, it is stated that "Early release is subjected to management approval". Most employment letters would have a compensation clause in lieu of notice - quite surprised ur friend's does not... Suggest to complete whatever outstanding work asap and negotiate with the boss, they may be more open to negotiation if they have the assurance the work will be completed and properly handed over... Link to post Share on other sites More sharing options...
Kopi_peng Neutral Newbie July 31, 2007 Share July 31, 2007 u r right! u never know who your new colleagues are...perhaps u took away an opportunity for them to be promoted. Link to post Share on other sites More sharing options...
Nutty 4th Gear July 31, 2007 Author Share July 31, 2007 The appointment letter got state a compensation clause in lieu of notice. But it is tagged with "subjected to management approval". So we can offer to compensate the company, but the company has the right to reject the compensation and insist that you work through the notice period. Is this a normal (and legal) practice for companies operating in Singapore? Link to post Share on other sites More sharing options...
Slowmo Clutched July 31, 2007 Share July 31, 2007 Contracts with Monetary Compensation (In Addition to Notice Pay) Contracts that require employees to pay a monetary compensation (in addition to notice pay) to the employer for terminating the contract before the completion of a specified period are not covered by the Employment Act. An employee can resign at any time by serving the required notice in accordance with the provisions in the employment contract. The terms pertaining to monetary compensation (in addition to the notice pay) for terminating the contract prematurely is a contractual term and not governed by the Employment Act. Where there are disputes, the civil court will have jurisdiction in deciding the outcome. ref: http://www.mom.gov.sg/publish/momportal/en...Service.html#wn Hope that helps. Link to post Share on other sites More sharing options...
Slowmo Clutched July 31, 2007 Share July 31, 2007 Information for those who wants to ask about annual leave to bring forward last offical day during notice period. Offseting of Annual Leave An employee can use his annual leave to offset the notice period for termination of contract. If an employee uses his annual leave to offset his notice period and to bring forward his last day of work, he would only be paid till his last day of work and the annual leave used to offset his leave will not be paid. By bringing forward his last day of employment with the company, he is no longer considered an employee of the company and hence he may start work immediately with his new company. If an employee chooses to offset his leave during the notice period, it is different from situation where he applies to go on approved leave during the notice period. If an employee applies for annual leave to cover all or part of his notice period and approval has been granted by the employer, he will be paid his salary for the full notice period. In this case, he is considered as an employee of the company until the last day of his notice period. If he wants to join a new company, he can do so only after the last day of his notice period. Taking of Annual Leave during Notice Period As the notice period is meant to be served, the employer cannot force his employee to go on leave during the period of notice, unless the employee consents to it. Any unconsumed annual leave can be encashed by the employee. Link to post Share on other sites More sharing options...
Penthousepauper Clutched July 31, 2007 Share July 31, 2007 (edited) Your friend should approach her current employer and ask them the reason for refusal, then ask why are they unreasonable. perhaps arrangement can be made to spend a few hours during the transition period, and offer to accept half day's pay. or last resort, maybe let them know that she is prepared to forgo the one month's pay. if they are still adamant and reluctant to compromise, then there's no need for either party to be in contact thereafter, even if it's work related.... she's not oblige to. but, your friend is not suppose to work for the other company while still in employment with the current employer without seeking their permission. Edited July 31, 2007 by Penthousepauper Link to post Share on other sites More sharing options...
Dtvox Neutral Newbie July 31, 2007 Share July 31, 2007 Right to stop? Yes. Subject to Management approval allows that. Slavery? No way. Its contractual and your friend is still being paid. Serving the 1 month is to facilitate proper hand over. Usually not to hold that person hostage. Unless the director have a grudge against that person. My opinion is to serve out the 1 month. ↡ Advertisement Link to post Share on other sites More sharing options...
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