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Termination of employment

Jack Ng  
Fri, 04 May 2007 03:05:46 PM  (Last updated: Mon, 07 May 2007 12:56:05 PM)

hi there,

My company has included this clause in my offer letter and also confirmation letter. So my question is, what should i do?

Following the confirmation, either party shall serve one month's notice or pay cash in lieu of notice for termination of employment. should you resign, the company reserves the right to waive the notice without indemnity.

i don't think it is legal for the company to waive the notice without indemnity. can i write letter to my company to say i don't accept this clause?

thanks and awaiting your reply soon.

Jack Ng

KL Siew
Fri, 04 May 2007 04:02:57 PM

That clause is not necessary no good. For example if the employee has got a new job and needs to start immediately and ask the company to waive the necessary notice. For the company it may not want a outgoing employee to hange around and it may say "Don't bother to give notice, just go." So knowing that there is such a clause, you will be prepared for it. It is not illegal as you say, waiving notice is allowed under Section 12(2) of the Employment Act quoted below:

"12(2) The length of such notice s

Mon, 07 May 2007 12:12:30 PM

Thanks for the explanation. i think i got it.

What if i don't agree and wish to give one month's notice? what should i do?

sorry to bother you again.

KL Siew
Mon, 07 May 2007 12:56:05 PM

As quoted by you the clasue contains the words :'....ithe company reserves the right to waive the notice without indemnity..".

Section 12(2) contains the words: "...waiving his right to a notice under this subsection..."

To me the problem may be with the words "without indeminity". For example if you give one month notice and the employer says "Never mind and you just go immediately" and he is not paying you an indemnity. I think that is not right for the employer to do that or otherwise the w

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