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Short notice ends on Public Holiday

SAR
Member
Thu, 08 Sep 2016 10:50:26 AM  (Last updated: Mon, 19 Sep 2016 03:52:53 PM)

Dear Sir,

One of the staff in my company tendered his resignation on 02-09-2016 & last day should be effective on 01-10-2016 (1 month notice should be given to the company). Up to 01-10-2016, this staff entitled 26 days of replacement leaves. So that he would like to use 2 days of his RL on 14 & 15 September (12,13 and 16 September is Public Holiday) and stated he will be resigned on 18-09-2016 (Sunday), therefore he would not have to come to work for that week but still got pay until Sunday and that means his last day coming to the office would be on 09-09-2016.

1 - May I know whether the company need to pay him for Saturday and Sunday (17 and 18 Sept) ?

2 - Can the company refuse to accept his short notice until 18-09-2016 but change it to 09-09-2016 ?

Your assistance would be highly appreciated. Thank you.

KL Siew
Administrator
Thu, 08 Sep 2016 04:35:38 PM

I think the period of short notice is from 19 September to 1 October for which he has to pay indemnity and his salary should be paid up to 18 September.

SAR
Member
Mon, 19 Sep 2016 01:03:31 PM
Originally posted by KL Siew on Thu, 08 Sep 2016 04:35:38 PM

I think the period of short notice is from 19 September to 1 October for which he has to pay indemnity and his salary should be paid up to 18 September.

1 - Does it feel unfair for the company to pay the employee until 18/9 since he is not working anymore from 10-18 September ?

2 - Can the employee really state on his resignation letter that he will resign on Sunday, so that the company will pay him up until Sunday ?

Eg: The employee submit the letter on 23/9 (Friday) and state he will resign on 25/9 (Sunday). But logically, 23/9 will be his last working day isn't it ? 

Does the employer will need to pay him up to 25/9 as per mentioned in the letter or until 23/9 as his last working day ?

Is there any law that can support the answer ?

KL Siew
Administrator
Mon, 19 Sep 2016 03:52:53 PM

I think a better is to pay a visit to the Labour Department and discuss ithe issue with the officer there.

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