Hi guys

I have signed a offer letter during the time when i join my current company, on the offer letter stated for job resignation, i have to serve 3 months, and cannot use annual leave to offset notice period, and also cannot buyout.

I told my management that i can pay 2 months salary to them, but they rejected.

New company want me to be onboard on next month, just wanna know is there any other way to leave my current company by serving 1 month notice.

Any restriction imposed in your employment contract? Pay back is the usual way and they cannot reject.

Isn't the restriction in his offer letter?

Why did TS not look at his current terms of employment before committing to the new employer?

company cannot hold you back to find better employment.

Good way, discuss back with management... At least, you commit for 1 month notice, right? What the purpose the company want to hold you for another 2 month? you may be unmotivated, not dedicated etc that may negatively impact the company...

If me HR, I just let you pay 2 month, use that money to hire new people...

Some contracts maybe drafted in a manner that "you cannot payback to the satisfaction of 3 months resignation notice", this is quite common when you hold senior management position.

Some industries - not easy to recruit. It's only fair to the employer to get another candidate first before employer can release TS.

Discuss with your HR about buyback and offset with annual leave. Worst come to worst you just don't go to work for 2 months. The best they can do is to not give you any salary only. I don't think they will want to sue you as that will be a waste of time.

Ya lor, the principle is that TS had signed a contract or agreed to the terms to his current employer. Should honor that before moving on. Shows integrity.

I discussed with hr and you know my hr manager is one of the boss of this company. She need me to serve 3 months, i nego said if i serve 2 months and compensate 1 month to them, but she rejected..

minus all leave

Yape i am understand. My ex colleague can leave by giving a month notice, and no need to compensate 2 months.

Then u just tell her that you won't be coming to work if that's the case. I don't think whole company will waste their resources to take legal actions on you. But bear in mind this is a risk you are going to take.

If my management is super free and come after me with legal action, i will totally lose and need to pay court fee also right?

Yea but so far I've never heard of a company going after small soldier. Unless you are in the management level. Company needs to spend time, resource and etc to go after you...you think they so free ka. They might as well hire a new person.

Another way to offset ur notice period with annual leave...at the last month you take super long emergency leave for 20 days. Then take unpaid leave for 10 days

EDIT: Did you let your manager know that your new company requires you to start work in 2 months time?



This post has been edited by Duckies: Oct 24 2016, 02:57 PM

Keep evidence that you are willing to pay back 2 months in lieu of short notice. Basic rule of employment is that no one cant stop you from resigning if that's your decision.

Lol why is so hard to leave , in my company my hr just let the guy leave with 24 hour notice after just serving one week,,.,but then that guy need to pay the remain days left that he didn't came to work , I think the HR can't force you staying upon your will as long you pay then

is this normal, i mean for company contract to state that you cannot even BUYOUT your notice period....

Worse scenario tell ur new company u have 3 months notice to serve. If they really want u, they will wait for u

i will discuss with the hr manager again on tomorrow, i just wanna show respect instead of doing like this.

by the way, if i pay back 2 months in lieu of notice, by law the employer cant take legal action against me later right ?