Can employer refuse pay in lieu of notice?
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Pls help, I'm so confused.
I worked for around 2 weeks and finally I can't stand it so I decided that this job is not for me and it's not getting me anywhere. I've given them a written resignation letter. After serving for 1 week I found a new job and they want me immediately. I went to my HR and boss as well to offer them pay in lieu for my remaining notice period. My boss refused it. It is stated in contract that pay in lieu require consent from both parties. However I am not given any other options here. Does it mean I am forced to serve my notice?
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What is your probabtion period like? What is the minimum duration of notice? From what I understand, you are willing to forfeit your pay in lieu of notice. But if in contract it is stated clearly black and white, its honestly difficult to argue. Is there any penalty should you forgo the notice?
Understand that your other employer would like you to start immediately, however did you make it clear to them your notice period beforehand?
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my probation is 6 months, it says i have to give 1 month notice or pay in lieu (with mutual consent) during or after probation.
i can't see any penalty clause in my contract, however I'm under EP and basically my boss already stated that he will not cancel it until end of notice period although if I don't show up to work. If my current EP not cancelled I can't work for the other employer. If I don't show up to work I'll still need to pay those days that I don't come (considered as pay in lieu). They even threatened to sue me.
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It seems to me the only recourse for you is to serve your notice, and unless you can talk your way out with your current employer for the mutual consent, you can't really start work with your new employer.
I am guessing you did not indicate to your new employer about the notice period, because they also have to be made clear of it as it is MOM regulations, since you do know about the EP.
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my new employer was expecting to buy me out but we both did not expect that my current one just simply rejected the pay in lieu offer. I really thought that it's option for both party, but in this case I guess it's only favorable for employer side.
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What? Your new employer is willing to buy you out? You are that valuable an asset meh?
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if looking at the contract i guess I am kinda stuck :( but I was just wondering if it's right not to give any options at all to the employee? is there any governing rule in singapore for this? or if there's any other options I can opt for? My HR said I'm not protected under employment act.
I asked my HR as well about my annual leave because in contract it says that for my 1st year it's supposed to be pro-rated and I have 1 day, so I want to use it against my notice period, but they slammed me down saying that because I haven't worked for 3 months then I am not entitled of annual leave. There is no clause in contract stating about this minimum working period. HR said that it's MOM rule.
I found this is in contradiction with what she originally said that I'm not protected under employment act, then it means the 3 month MOM rules should not apply to me either, should it?
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Originally posted by ditzy:
What? Your new employer is willing to buy you out? You are that valuable an asset meh?
There are companies willing to pay for a small buy out...It did happened to me but luckily I asked for a letter of confirmation b4 I make my decision to leave, which it did not come at all in the end... Sometime ppl(interviewer/hirer) ask u to consider buy out and that their company will pay... But later they cant manage to get approval from their top... and this is when ppl kenna dua...
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i guess they want to buy out because they need me urgently
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@ ^Acid^: you're right but even if they don't pay for me, I'm willing to fork out the money myself since this job is pretty sucks and the pay difference in the new job is enough to cover the remaining pay in lieu
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then just paid them and end this post .......
after all the talk
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I'm looking for a company to buy me out too.
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Originally posted by Hwaimeng:
then just paid them and end this post .......
after all the talk
prob is they dont want to be paid. -
What's the penalty for breaking the contract?
If you are offering to pay in lieu of your remaining contract, what's wrong? Just walk out lor. If they sue, the worst thing that will happen to you is just to pay what's stated in the contract, and at most the lawyer and court fees. But the thing is, you have already agreed to pay in lieu, so there's no case for them at all, and the court would most likely not accept the lawsuit too.
If they are willing to go through the big trouble just for a paltry sum, then let them do it. No loss to you since you have another job ready.
How can any contract bind a person physically?
Refer to MOM website:
Threaten back your current employer instead.
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i cant find anything written about penalty on the contract, it only says that I have to give 1 month notice / pay in lieu (with mutual consent).
i suppose I can walk out like you said but the complication is because I'm holding EP. I have been thinking about walking out since the day I submit my resignation but I have to restrain myself from actually doing that since I will not be able to work for my new employer either until my current employer cancel the EP. I guess that's what frustates me the most.
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I would suggest just call or email MOM to enquire about applying for a new EP.
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Originally posted by MzV33:
my new employer was expecting to buy me out but we both did not expect that my current one just simply rejected the pay in lieu offer. I really thought that it's option for both party, but in this case I guess it's only favorable for employer side.
how can "consent from both parties" be construed as optional?
When all is well...and U are in a hurry to sign on the dotted line...anything goes...but when the waves come...it all boils down to what U signed.I dont think it is entirely fair to say that your contract sides the employer because U do have the option not to sign it and usually at the signing...if you have an concern about the contract...U can raise it up and see if the employer is willing to change it.
I dont think the rejection of resignation thingy on MOM website applies to you because they are willing to let you go(I presume)...but U have to honour your end of the contract by serving out your notice period.Even if U can get MOM to cancel your EP...your company will be informed...and they will be looking at the possibility of suing U for the breach of contract....U can try to play hard ball and ignore...or even get your prospective employer to pay it off...but U are not going to go into the new company with a good reputation....
I guess now U dont have much of a choice but to suck thumb...serve out your notice...and open eyes big big for your next contract.
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what if you take whole month MC? my friend operate hospitals and clinics, maybe can help woh... ;)
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your ex employer is really a....
