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Working for another company during AL offset notice period

Wed, 27 Nov 2019 12:58:22 PM  (Last updated: Thu, 28 Nov 2019 02:49:20 PM)

Hi i know this topic have been discussed before as i searched for previous threads but i just want to be double sure as this is what happened to me.

I have already given my resignation letter. the notice period is 2 months as per contract. However i have Annual leave that is unused, so i use my AL to bring forward my last day. I also have been offered a new job in a new company and they want me on ASAP (contract signed) so i give them the start work day as the next day after my last day in my old company. 

But now my HR in the old company i am going to resign from told me if i start work during the notice period which is offset by AL , i still need to inform them and pay them for violating the notice period. 

I am pretty sure this isnt how our labour law works based on reading other similar threads on here. So the question is

1) Do i have the right to start work in another company during the AL offset notice period?

2) if the answer to the first question is yes, and my company insist me to pay them and withhold my final month pay, what should i do?  

KL Siew
Thu, 28 Nov 2019 02:49:20 PM

From what I understand, when you are on leave during notice period, you are still an employee of the company. You should have let your HR know before working for a new employer during the leave. I know, this is quite controversial, why not you go and consult the Industrial Relations Department and get some official advice?

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