QUOTE(nick_linz @ Sep 1 2018, 11:54 PM)
I'm currently working in a global bank in Malaysia. I have been with them for 5 years. I'm currently in the midst of serving 3months notice period. I want to leave the company earlier. I checked the HR policy but there is no mention of payment in lieu of notice. The employment contract I signed was far too long ago and I believe it was stated 1 month notice period only as I joined at entry level.
My new employer is willing to buyout 2 months of my notice period but my current manager refuses to let me go earlier. Since I don't see any company policy around buyouts, can I force myself out of my current company and inform them I will buyout the notice period? Do they hv any legal rights to challenge that and continue to force me to stay? I'm ok to burn bridges.
Anyone can advise from legal perspective? Thanks.
This is a forum. You want legal advice, go find a lawyer lol...
Your employment contract between you and the company is what binds your relationship. Unless you agreed separately in writing with the company to amend your existing contracts, than 1 month notice (as stated in your contract) will suffice.
If your current manager is being difficult, you should deal direct with HR.
If you intend to exercise a buyout option, request your current HR to prepare calculations and what is the amount due. Once it is firmed up than you liaise with your prospective employer to issue a cheque for the amount. Before you handover the cheque, prepare cover letter and have your HR acknowledge the same.
Other strategies:-
(1) If they still hold you back, ask them to provide their reason in writing.
(2) Depending on the reason provided, you may either re-consider your termination notice or proceed to file a complaint with industrial court.