Question

Hi HR Practitioners,

One of the staff resigns and does not want to serve the required period notice but instead choose to compensate the company. Can the company insist that the staff works until the last day of the employment contract?

Please advise.

Cecilia

Reply 1

A company cannot insist that the staff works until the last day of the employment contract/notice period.

The employee has the right to leave before the notice period has ended, by paying the salary in lieu of notice. It is an offence for employers to disallow employees to leave their job (or requiring them to stay on their job till the last day of the notice period).

Below are the links by MOM on this topic, hope this helps.

https://www.mom.gov.sg/faq/termination/can-an-employer-reject-an-employees-resignation

https://www.mom.gov.sg/faq/termination/can-a-contract-of-service-be-ended-before-the-notice-period-is-up

Jason

Reply 2

No. Employees have the right to resign at any time, by serving notice or by compensating the employer with the salary in lieu. It is an offence for employers to disallow employees to leave their job.

RH

Reply 3

If the person insists on going immediately, you can't stop him/her. You can only deal with them contractually. If the person stays and sabotages the operations, it will be worse.

Dan

Reply 4

It depends on the policy of the company. You can take the money in lieu of the time if your company policy says so. If there is no clear policy with regards to it then the company cannot force the person.

EK

Reply 5

You may insist but legally the employee can choose to serve or pay salary in lieu of the termination notice period. Persuasion and/or negotiation is probably the key here.

AL

Reply 6

We recently encountered the same issue with 2 colleagues who just resigned. Legally, I don't think we can stop them if they want to pay back in lieu of notice.

JAN

Reply 7

Cannot, the employee reserve the right to buy themselves out.

AT