Friday

Can employer insist employee to serve shorter notice?

The employment contract state "either party gives 2 week notice or salary in lieu to terminate the employment".

If employee tender the resignation and is serving the notice period of 2 weeks. After 1 week, the company asked the employee to leave the company immediately on that day but only pay 1 week salary in lieu. Is it correct? should the company pay employee salary untill that day and additionally pay 2 week salary in lieu? The empolyee wants to stay for the rest 1 week and does not want to leave immediately.

If the notice period is 2 weeks, either employee or employer shall serve 2 weeks notice or pay 2 weeks salary in-lieu of notice to end the employment.

If the company insists the employee to go by serving only 1 week notice, the company shall pay the employee additional 1 week salary in lieu of notice, unless the employee agrees to the arrangement.

1 week notice period + 1 week salary = 2 weeks

The company cannot insist the employee to serve only 1 week notice. The employee can file the complaint to MOM.