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Help required, please...

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  1. #1

    Join Date
    Jun 2008
    Posts
    1

    Help required, please...

    Hi,

    I have been offered a job with a foreign bank in Hong Kong and my work visa was just approved two weeks ago, thus giving me the green light to resign from my current position in a Singapore bank.

    Although I am required to serve 3 months notice, I was initially given the understanding that I could offset my leave balance (which amounts to a total of 26 days) against the notice period.

    However, on the next day, they informed me that they will follow the contract strictly and enforce the 3 month notice period, and on top of that, I will be on gardening leave! What's more, they would rather encash my leave and not allow me to offset against the notice period!

    With this, I am now in limbo, especially after I had initially informed my prospective employers in HK that I could join them early. Now they would have to wait for me for a whole 3 months!

    Am now very worried that they would now not wait for me.

    Really appreciate some advice here, either legally or professionally.

    Many thanks.


  2. #2

    Join Date
    Mar 2007
    Location
    Gold Coast Marina
    Posts
    17,934

    Your new employers could not have expected you to do anything different nor can they change how your old employer is treating you. They probably spent significant sums in recruitment and would take 3 months to find a replacement from here anyway. You can worry about this, or you can start booking holidays and taking up all the fun hobbies you ever wanted to try and just make the most of the time!

    Satay Sue and bryant.english like this.

  3. #3

    Join Date
    Feb 2010
    Posts
    7,441

    I don't understand why an employer would enforce a period when an employee does not want to be there and want to leave. You will be physically there but not emotionally.

    You can pay out your 3 months to your employer but it's up to them to let that happen. Sounds like they have sour grapes so it's unlikely.

    Take your holidays, go to the beach, enjoy yourself and prepare for your move. Obviously the new job they understand that you will be there in 3 months.


  4. #4

    Join Date
    Apr 2011
    Posts
    2,446

    I'm not sure why you seem to be complaining? Even if you were allowed to take your outstanding leave, this would legally still count as part of your notice period so it would still be 3 months. Instead, you now get 3 months of gardening leave plus your outstanding leave paid. Sounds like a win-win situation to me.

    Your only concern should be your new employer waiting 3 months but as long as you were upfront about this during the recruitment process, and given that they have already sponsored your work visa, it seems there is absolutely nothing to worry, or indeed grumble, about.


  5. #5

    Join Date
    Jun 2010
    Location
    Kent, England
    Posts
    6,728

    Believe this is common in this situation and your new employer should understand and accept it. As others have said, book some holidays and relax!


  6. #6
    Quote Originally Posted by Satay Sue:
    Believe this is common in this situation and your new employer should understand and accept it. As others have said, book some holidays and relax!
    Did your new employer buy you out from your current job? If not, it's a very clear indication that they can wait for 3 months after you settle down gardening and outstanding leaves. As others have said, book some holidays and relax!