1) Employee (Manager level, worked over 5 years) resigns with 3 months notice. Did employer has the right to waive 2 months notice period?
2) If the employee accepted to waived the notice, did employee has the right to request for their notice in lieu (2 month) pay by the employer?
3) To pay the notice in lieu to the employee, should the calculation included the subsidy or only the basic salary?
1. When the employee has given 3 months notice, the employer cannot ask to leave after one month. If the employer were to do that, he has to pay 2 months salary in lieu.
2. If the employee accepts the employer's offer to waive the other 2 months , it must be made clear in writing and that he will not be paid the other 2 months salary and the employer will also not claim compensation from him.
3. Indemnity is basic salary plus allowances the employee can earn earch month.