1) May I know can an employee (shift worker who is a monthly-rated employee) who has tendered his resignation on 18 June, served 1 month’ notice instead of 3 months’ as stated in the contract, insist on his last day of employment on 17 July without paying any notice in lieu?
If it is stated clearly the notice period is 3 months, your employee has to serve the 3 months notice. If the employee failed to serve the required notice period, he shall pay the notice in lieu of the balance of 2 months notice.
Exception only applies if the employer has reviewed and willing to waive the notice period as requested by the employee.
2) What would be the best practice if he has applied for 4 days of annual leave to offset his last 4 days of services, bringing his last physical to end of June?
Leave applied shall subject to approval, before or during his resignation period. Leave shall not be used to offset the notice period if employer does not approve the leave application (due to manpower constraint)
3) Can HR or the company’s management reject the annual leaves approved by line manager for the last 4 working days of his notice or bring his last day of employment forward to end June?
Employer may reject employee applied annual leave due to manpower constraint. Employer may also bring forward the last employment date by paying the notice in lieu to the employee.
4) The company does not practice encashment of annual leave. Can the company insist on using the employee’s unutilized leave to offset against his notice period?
Company cannot insist but to encash unutilized of annual leave of employee.
5) Does the employee have any rights to demand for encashment of his unutilized annual leave?
Annual Leave is the entitlement of an employee and for unutilized annual leave (which is not forfeited due to company's policy), he should be entitled to leave encashment.
6) What would be the number of working days required to work in a week to be used to calculate the notice in lieu as well as the encashment of annual leave?
It depends the work week of the employee.
It depends the work week of the employee.
