Incorporating Employment (Amendment) Act 2022
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Frequently Asked Questions
TOPICS

Industrial Relations  >   Termination and Resignation
 
expand    Can an employer require an employee who tenders notice of resignation to leave the company immediately?

​Yes, however the employer must pay the employee wages in lieu of the balance of the notice period.

 
expand    My Company always review the employees’ salary in January and pay the employees’ bonuses either in January or February. If I wish to tender my resignation by giving 3 months’ notice (end of September), I will officially leave the Company in the end of Dec

​Whether you are entitled to bonus or not depends on what is stated in your contract of employment. If it is not a contractual bonus and not stated in your terms of employment, the Employer has the discretion whether to pay bonus to you or not. Normally, the Employer will not pay discretionary bonus to an employee who is no longer in the service at the time of bonus payment.

 
expand    My termination notice is 3 months and I have 2 weeks of annual leave left. Can the Company force me to leave immediately (within a week) and force me to compensate (pay the Company 2.5 months salary) them for leaving early?

​Your notice of termination would be 3 months or payment of 3 months wages in lieu of termination notice. If the Company wishes you to leave immediately, then the Company need to pay you the payment in lieu of notice. You do not have to pay the Company any payment in lieu of notice, as you do not leave early, instead it was the Company that want you to leave early and as such the Company has to pay you in lieu of the remaining notice period.


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