I'm an employee. In my employment contract, both myself and my company have a one month termination notice period.
Question 1:
Let's say: On August 5 I will notify my company via email that I would like to resign and would like September 20 to be my last working day.
In this situation, could my company decide to terminate the contract on September 4?
If so, I would wait till August 21 to hand in my resignation to avoid the risk of termination on September 5 and losing 15 calendar days (perhaps 11 working days, or so) worth of pay.
You may discuss with your management whether they will accept your resignation by serving more than 1 month notice; unless the company agrees, otherwise, if your tender resignation on Aug 5, your last day of service will be on Sep 4.
Question 2:
AWS is defined in my contract. It's stated: Employees must be on active employment during pay out. "You will be eligible for one month basic salary as of [date]" has been defined in my contract.
Does this mean if I resign before that date, I will receive no AWS, or will I receive a pro-rated amount?
Always refer to the employment contract. Is there indication of “AWS is not playable for those who are serving their resignation notice”? For, you are still considered as “active” employee while serving notice.
As AWS is not mandatory payment, you have to refer to the employment contract or company policy whether pro-rated AWS is payable to an employee like your case.