Thursday

Forced To Go Early After Resignation

Employees resigned by giving one month notice, can the company asks the employee to leave the company earlier than the actual last day of service? Can the company asks the employee to clear all his/her annual leave and to leave early?

When employee tendered his resignation, he has the right to serve one month notice (or whatever number of month as stated in the contract) or salary in lieu of notice.

If the company wanted him to leave the company early, unless he agrees to leave early, otherwise the company is still required to pay his salary until the end of the one month. The company cannot ask the employee to leave early and then pay his salary until the earlier date.

For example, if Mr. A resigned on 1-December by giving one month notice, which mean he is required to work until 31-Dec and the company has to pay his salary until 31-Dec. If the company requests him to leave any date earlier than 31-Dec, and Mr.A does not agree on it, the company cannot force Mr.A to leave.

Company also cannot 'force' Mr.A to clear his leave balance and ask him to leave. Mr.A has the right not to apply any annual leave and he has all the right to stay until the last day of service.