Hi guys, need some feedback from you guys:-

I have resigned from my current company (Company A) and would need to serve 2 months notice period. Fortunately or rather unfortunately, my "potential" future employer (since I have not signed the letter of offer yet) want me to start work with them in 1 month time and they are willing to pay off the remaining 1 month notice.

The potential future company (Company B) want me to sign the letter of offer stating I will start work with them 1 month later. Once it is sign then they will proceed to negotiate with Company A's HR to buy me out and they say Company A's HR have no choice but to let me go. Is it true?

Now here are some of the dilemma:-

1. Can I sign the new letter of offer stating I will start work in 1 month time when in actual fact I am not even sure whether Company A will let me go? What if they don't accept the buy out since Company A REALLY require the manpower but I already sign the letter of offer.

2. Is it legally alright if I sign the letter of offer which state I am starting the work on a date when I should still be serving notice period? Because on my current letter of employment, an employee must pay full attention to the current job and can't be working on other jobs. So if I sign, there will be like 1 month I can be considered as an employee for both Company A and Company B. That is like holding 2 jobs at once IF the buyout is not successful.

3. What IF the buyout is not successful? Will the offer letter from Company B void since I am unable to start on the stated date?

I would also do not want to burn bridges with Company A's bosses but Company B's job offer is something I really really want. However Company B could not wait for me, hence they are willing to buy me out. But buying out will definitely affect my relationship with my current bosses.

Many thanks for your help in advance.

Wow I didn't know. I always thought that no matter what, I have to serve the notice period and it is up to my current company to let me go or not. Is like a willing seller only then you can buy. Many thanks for your clarification faceless!

Hi guys, just to clarify something. I was previously bought out from my previous job by my current company. However I was not bonded and there is no written or verbal agreement which states that I need to repay the amount which was paid by them to my previous company. IF I were to leave the company in less than 1 year (or half year) and of course serve the notice period required, can the company demand that I pay back the buyout amount?

This post has been edited by nishoba: May 30 2011, 03:25 PM

I double check all my emails as well as all the documents which I signed before I join the company and it didn't mention anything bout that. I am just afraid suddenly they took out a document which I am not aware off which say something like "It is industry practice (or labour law) that if you are bought out and if leave during probation period, you need to pay the buyout amount back".

Dear all,

Would need to ask some stuffs regarding HR/Labour Law. Some background of the situation first. I joined Company A in Jan 2011 and after they insist to buy me out from my previous employment as they urgently need me to join. After both of the companies agreed on the buyout amount, I proceeded to sign the letter of offer. There was no documents signed/shared with me stating that I will be bonded or I need to pay back the buyout amount if I resigned and there was no such verbal communication informing that as well.

Well, 4 months into the job and I resigned as well as served the notice period stated in the offer letter and proceed to do the necessary handover. My last day was in early May. However until today June 13, 2011 (more than 1 month), I have not received my salary into my account and I got news from my ex-colleague in Company A that the HR department would want to claim the buyout amount from me and they are claiming I am bonded. Reason stated - Its Company A new HR policy. Now I find this really ridiculous as the HR policy was not shared with me or any of my colleagues at any time and it was not acknowledged by me since it wasn't shared. Not only that, does this means that the company can just change the policy at any time without informing the staff and then suddenly say "Oh due to this you are bonded although you didn't sign any documents"? Doesn't make sense right? Furthermore if there are any changes, they still need to get the staff to acknowledge it right, especially on such important matters.

So the 2 key questions now are:-

1. Can the company hold back my salary when I have already given the necessary notice period and done all the handover documents (which was signed by my superior and the person which I handover to)? Is there a time period whereby they need to pay out the salary?

2. Can they claim that I am bonded and I would need to pay back the buyout amount?

Do give me your honest feedback. Cheers!

This post has been edited by nishoba: Jun 13 2011, 11:12 AM