‘What should I do? Can I just take MC?’ — SG worker stumped after boss rejected buyout of notice period

SINGAPORE: A Singaporean worker was stumped after his boss turned down his request to buy out his notice period.

Posting on the r/askSingapore forum, the worker, who’s serving his one-month notice period, shared that he first asked his boss if he could use his pro-rated Annual Leave to leave two days earlier than planned. However, his boss adamantly refused and told him that he should just encash the leave instead.

Not wanting to give up, the worker then proposed buying out the two days of his notice period, thinking it might be an acceptable compromise. Unfortunately, his boss rejected that idea as well, leaving the worker in a bit of a bind.

“I had already made plans prior to this already, and will be incurring a loss if I were to cancel my plans,” he said. “He told me that he would not accept the buyout request. But I thought (as per MOM website) that it’s completely legal to either serve or pay the company. What should I do? Can I just take MC? Will I be sued if I just buy out my notice period, even if he rejects?” he asked.

“I suggest you take MC if it’s come to this stage…”

In the comments section, one Singaporean Redditor said, “If it’s in the contract that any party can terminate it immediately by paying the other one month’s salary, then it’s not subjected to approval.”

Another suggested, “Go to HR directly and see what they advise. Unless you’re working in an SME or startup, HR will likely be able to do something about it. Since you’re already leaving, no need to be scared of offending them. It’s your right to check with HR and utilise what you’re entitled to.”

A third recommended, “I suggest you take MC if it’s come to this stage. In the past when I resigned, my resignation letter stated my last day of service and I also mentioned that I wanted to offset my leave in lieu of notice etc.

It’s then up to the company to accept the resignation with my proposed date or they counter by telling me upfront that they will pay me out instead. It really depends on the situation… but most times, I am allowed to offset my leave.”

A fourth commented, “Yolo, take MC if he is this stubborn. Also, MC is an entitlement, so the more he can’t do anything.”

According to the Ministry of Manpower (MOM), either the employer or the employee can terminate the contract before the notice period is up. However, the party ending the contract must pay the other party a “notice pay,” which is the equivalent of the salary the employee would have earned for the rest of the notice period.

Read also: ‘I hate this company so much!’ — Intern upset about working 6 days a week for just S$600/month

Featured image by Depositphotos (for illustration purposes only)