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Resignation - the last day is decided by the employee?

Jennifer Nair
Member
Thu, 12 Oct 2017 08:00:55 PM  (Last updated: Fri, 13 Oct 2017 09:37:23 AM)

Hi Mr Siew, 

An employee has tendered her resignation, her last day is 25th Oct 2017, giving 1 month's notice. 

However she entered into negotiations process with the Employer to reduce her workload and a possible increment. 

Everything seems fine until she was asked to retract her resignation on 7th Oct 2017, she said she is not happy with the offer, and insist on the earlier last date, 25th Oct 2017. This leaves the employer in a lurch. .  

We cannot get her replacement on time, to take over from her but she was adamant to leave. The question is:

1. Can an employer release her only upon getting a replacement?

2. Shouldn't her last day be shifted since she has entered into negotiation? 

Looks like the employer is never 'protected'?

Looking forward to a speedy reply. 

Thank you very much. Appreciate it. 

Jennifercop.

KL Siew
Administrator
Fri, 13 Oct 2017 09:37:23 AM

When the negotiation was not successful, her last day would still be as stated in her notice. You can't do those stated in 1. 2 and 3.