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 ?

yes, i told him that new company wants me to be onboard after 1 month, and i will compensate 2 months to them.

Civil legal matter is abt money and u agreed to pay back in accordance to the terms of employment contract. I don't find the basis of your employer taking legal action against you. I just worry that in your contract, it states you cannot pay back in lieu of resignation notice.

Yea like z21j said, I don't find the basis of your employer taking legal action. But you need to double check your hiring contract to see if there's any specific mention on this.

I honestly think you should check with the labor law by going to the office and ask before you make any drastic decisions. Usually when you sign, meaning you agree on all the terms and condition set by the company. 3 months without buying out, means cannot. Now not a time to seek if is a norm or not since you have already agreed.

If the company insist on wanting you to serve the entire 3 months, you only can accept it. But I don't know why they want you to serve 3 months. You can practically do nothing there and yet they need to pay you.

Try to delay the starting of your new job.

the offer letter that i've signed for my current company, there is a clause mentioned

"either party may terminate the employment by serving 3 months termination notice for confirmed staff, and you may not offset your notice with any outstanding leave or buyout. The management reserves the right to determine your final working day and will reimburse you accordingly."

which mean although i pay back in lieu to my current company, although they not willing to accept, and then i leave, i will have chance to kena legal action ?

usually what is the penalty to pay if the judge said im guilty ?

If those are the exact words from your contract, you can't do anything. It already says there you cannot offset and cannot buy out.

The last sentence doesn't really mean anything. They will just calculate your last working day and pay your salary.

I think 3 mths is fair enough to recruit staff, staff on-boarding and to ensure smooth transition. Some industries - not easy to attract talent. Usually the Company that imposes on such rules are either : smaller scale firm or specific industry firm.

Ok, what if i leave after serve 1 month notice, and pay the 2 months in lieu in cheque and put in the boss room ?

what is the legal penatly that i will kena ?

I don't advise on doing that. You're basically breaking the contract terms. Bad things will happen but I don't think they will sue you till your pants drop. Your credibility will be hurt by doing this.

Also if you put it in the boss' room without getting the acknowledgement from the boss that he/she received the cheque, they can further say you just left with no news. When you're working, it's always best to get confirmation. Don't leave anything to chance.

I think you should discuss with your new employer on this. Most employers are flexible enough to provide additional leeway for people to join their company. I hope you told them that your company has a 3 month notice period and you need to discuss with your current company first. You must always remember to mention things like this when joining other companies, just to set an understanding. If they really want you, they will wait.

This post has been edited by ChaChaZero: Oct 25 2016, 12:34 PM

In my case a year ago, I left a notice letter on his table and also did it by fax. The boss secretary confirmed over the phone she received it. But the boss said later in a dispute he never received anything!

Not going to work for the 2 months is the worst advice ever.

Whatever industry you are in, every industry is small. Everyone will somehow be connected to everyone espcecially with LinkedIn and FB. Current employer will inform future employer of you being absent and not honoring your contract.

You'll see how that reflect on you. Your future employer will probably find the fastest reason to not confirm you.

Edit - my advice is talk to your boss/HR and request for goodwill. Most people have feeling and some will understand. They are people too and they have probably been in your shoes before. If they still do not allow and this is probably because this will indicate that employees can just leave in 1 month despite the contract, other employees will do the same thing.

Second is to go to your future employer and tell them you will honor the current contract. 1 - they will see you as a person who does what you say and honors your promises. 2- you find another new employer while serving your 3 months notice.

This post has been edited by kenlimfornication: Oct 26 2016, 10:54 AM