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Pay in Lieu of Notice and EP expiration

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loulou1206
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Pay in Lieu of Notice and EP expiration

Postby loulou1206 » Tue, 14 Jun 2016 1:42 pm

Hi all,

I just resigned from my present company and here are two questions I am trying to address:

1. First, my notice period is 3 months. I already went through one but wish to buy the last two. According to local law, is it allowed to pay in lieu of notice for just part of it? That means I would to pay my employer the remaining two months and then go. My employment contract is silent on that.

2. My second issue is that my official last date is supposed to be on August 15. But my current Employment Pass is only valid until August 10. Since my employer is not allowed to extend my EP for only 5 days (I understand MOM does not issue short extensions), can my employer legally force to leave or will it be required to pay my last 5 days of notice, in the event I agreed I will stay until the 15th?

Thanks for your help and looking forward to your replies.

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sundaymorningstaple
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Re: Pay in Lieu of Notice and EP expiration

Postby sundaymorningstaple » Tue, 14 Jun 2016 2:24 pm

Yes, You are the one who resigned without leaving ample time to complete your notice. Your employer can easily apply for a renewal for 12 months and if it's given you will have to stay till August 15. They can cancel the pass anytime they want. So, with than in mind I think I'd be prepared to pay the salary in lieu until the 15th.

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PNGMK
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Re: Pay in Lieu of Notice and EP expiration

Postby PNGMK » Tue, 14 Jun 2016 2:26 pm

Personally I am surprised you're still in the office. Surely they'd want you out and gone on 'garden leave' ASAP? I would not offer to pay but instead ask to be paid off and let go or dismissed without pay if you really need to go. As for the second question I would simply say the company has to wear the 5 day loss.
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sundaymorningstaple
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Re: Pay in Lieu of Notice and EP expiration

Postby sundaymorningstaple » Tue, 14 Jun 2016 3:42 pm

:cool: ^^

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PNGMK
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Re: Pay in Lieu of Notice and EP expiration

Postby PNGMK » Tue, 14 Jun 2016 3:46 pm

Seriously SMS - this is how it's been for me for 15 years here...
IANAL. IANACPA. IANA Teacher.
Arrested? Lawyer Up
International School job? School website or http://www.ISS.edu
School advice? Avoid for profit schools
Tax advice? CPA
Pay me $5k for 100% success filling in PR form!


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