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No clause on short notice of termination from employee

Qingsong Goh
Member
Fri, 10 Feb 2012 01:01:00 AM  (Last updated: Fri, 10 Feb 2012 05:54:01 PM)

Hi,

   I have just got an offer recently and my future employer would like to buy out (2 months) from my current employer. But when examine the contract with my current employer, I do not see any clause pertaining to short notice of termination given by employee. Here is the extract from the contract:

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Termination of employment shall, under normal circumstances, be subject to one or more of the following stipulations:

- During the probationary period of employment, one month written notice by either party;

-The Company shall have the right to pay the Employee in lieu of notice.

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My questions:

1) I have tendered the letter of resignation on 19th Jan. Can I proceed with the short notice (leaving on 20th Feb) and pay my current company in lieu, regardless of whether my current employer agree or not?

2) Since the my current contract do not mentioned the short notice of termination given by employee, will the employment act's item 13 (Termination of contract without notice) applies in my case?

Your timely replies will be very much appreciated. Thank you very much.

KL Siew
Administrator
Fri, 10 Feb 2012 05:54:01 PM

I think you have the right to go according what you have mentioned in 1).

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