Many have asked, “Aunty, can my boss reject the buyout from my new employer. Die-die they want me to serve the full 3 months’ notice.”
Yes, they can. A buyout is a tedious process. The company needs to contact the other company, issue a letter, follow up on payment, bla bla bla… So, the company has the right to refuse to partake in such a troublesome process since the law didn’t mandate that the current MUST assist with the buyout process.
However…
In Employment Act 1955 Section 13(1), it says, “Either party to a contract of service may terminate such contract of service without notice or, if notice has already been given in accordance with section 12, without waiting for the expiry of that notice, by paying to the other party an indemnity of a sum equal to the amount of wages which would have accrued to the employee during the term of such notice or during the unexpired term of such notice.”
So you see, if you pay for your notice in lieu, the company also cannot stop you from leaving.
What can happen is that during the tabulation of your last payroll, they will send you a demand letter for the notice in lieu, which you can then use to claim from your new employer. Just make sure your new employer puts in writing that they will bear the cost before you tender so it doesn’t leave you hanging.
Ideally though…
Go back and talk to your boss again and discuss how to meet in the middle. Perhaps you can serve at least one month’s notice to ensure you don’t leave a mess behind for the people who will take over your duties. Work out a proper handover list.
The Chinese say, “好来好去” (good coming, good going). You joined the company nicely, so leave it nicely. Regardless.
Happy weekend everybody and all the best with your negotiations!
xoxoxo, AuntyHR
#WorkfoceHarmony #Offboarding #BebelEmploymentAct
