Would like some advice with regards to termination of a contact. A friend of mine has submitted his resignation with a 1 month notice as per the contract to change jobs. The notice submission date is exactly 1 month before the start of the new job. However, my friend has an approved 1 week leave that is within his notice period. This leave has been approved months back, even before filing the resignation. Now employer does not want to accept his 1 month notice and want him to extend due to the 1 week leave. My friend cannot extend further as it already clashes with the next job's starting date.
P.S. My friend is not covered by the Employment Act.
Now my questions are:
1) Is the employer entitled to extend the notice period like this even if there wasn't any clause saying as such in the contract? It has only mentioned 1 month notice, and if it's less than that, then employee has to pay 1 month salary in lieu.
2) Is it legal for the employer to reject a resignation if the employee wants to go for the 'buyout' option, meaning, he files immediate resignation and plans to pay 1 month salary in lieu instead?
3) Is there any other option in order to resign smoothly and transfer to the new job?