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Notice period for Resignation

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1 Notice period for Resignation on Tue Jul 05, 2016 9:24 am

sugarmeimei


Arresto Menor
Hi,

I need some advice on my current situation. I have plans of leaving my current employer. My problem is we have a 90-days notice period and needs to pay the months in lieu if we cut it short. We have questioned this policy before for the reason that the law allows us a for a 30-days notice period.
My question is, will I have any legal responsibility if I only render a 30-day notice? Do I have to pay the company the remaining 2 months in lieu of my salary for doing so?

Thank you.

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2 Re: Notice period for Resignation on Tue Jul 05, 2016 10:12 am

lukekyle


Reclusion Perpetua
did you sign a contract stipulating the 90 day notice?

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3 Re: Notice period for Resignation on Tue Jul 05, 2016 10:56 am

sugarmeimei


Arresto Menor
Yes. Below is the exact statement in my contract.

"Notice of Termination"
Either party is required to serve a ONE (1) month or day's salary in lieu of such notice during probation period. However, upon confirmation, the termination notice period for either party is Three (3) months or salary in lieu of such notice is required.

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4 Re: Notice period for Resignation on Tue Jul 05, 2016 11:34 am

lukekyle


Reclusion Perpetua
If so indicated in the employment contract, then yes you will be liable for the month's salary if you do not render the 90 days. You can challenge this but in my opinion unless there are mitigating circumstances, you will likely lose

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5 Re: Notice period for Resignation on Tue Jul 05, 2016 11:43 am

sugarmeimei


Arresto Menor
Thank you for the quick response. :-)

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6 Re: Notice period for Resignation on Wed Aug 03, 2016 3:20 pm

sugarmeimei


Arresto Menor
Hi,

I have a follow up question on this post of mine. I already have rendered my resignation with a 30-day notice and advice my employer that I am willing to shoulder any financial obligation if there is any.

My manager accepted my resignation but when he informed HR regarding my case, they insisted that I can only be released 4 weeks after they got a replacement and added that it is the companies discretion for my early release.

My question is, is it lawful to state that it's companies discretion to release their employee who wanted to resign?

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7 Re: Notice period for Resignation on Wed Aug 03, 2016 3:57 pm

council


Reclusion Perpetua
It's not your problem anymore if they cannot find a replacement within the time you are still employed.

You are no longer required to report (and have no further responsibility or obligation) after your last day.

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8 Re: Notice period for Resignation on Wed Aug 03, 2016 4:02 pm

sugarmeimei


Arresto Menor
Even if i did not follow the 90 days notice period of our company?

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