Pay in Lieu of Notice and EP expiration

[loulou1206]

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.

[sundaymorningstaple]

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.

[PNGMK]

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.

[sundaymorningstaple]

^^

[PNGMK]

Seriously SMS - this is how it's been for me for 15 years here...