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Career Break and Resignation

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asked on Aug 27, 2013 at 23:04
by   teddyyew
Hope to get some legal advise here. A couple of months ago, I decided to resign from my company to start entrepreneurship. However, my superior advise that I should apply for a 6 months career break  which has this clause "the employee decides that he/she will not be returning to work for the Company, then as a courtesy the Company requests that the employee advises the Human Resources department accordingly as soon as possible...." in the policy. Now I have decided not to return to work and notify the HR. But HR said that Career Break policy is only part of sub policy, whereby all employees needs to follow HR policies & guidelines as normal, and I should send in a resignation letter instead. This mean I need to return and serve the 3months notice period for resignation. What should I do? If I insist not to send in resignation letter and serve the notice period, what will be the impact?
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answered on Aug 28, 2013 at 04:33
by   arun1011
Hi there

It would be difficult to provide legal advice without having a look at the wordings of the policy. However assuming what your Company says is true, then if you don't serve your notice period, they can sue you for the 3 month notice period.
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answered on Aug 28, 2013 at 16:49
by   teddyyew
Thanks for the insight.  I can PM you the full detail if needed to. The sub policy clause  and follow HR policies & guidelines as normal was never mention. Below is some extract. Thanks for your help

5.1: Employment Contract
During the Career Break, the employee is subject to the following terms and conditions of their contract of employment and
the Employee Handbook: Conflicts of interest, Confidentiality, copyright, inventions and patents; Transfer of technology; Non-competition and non solicitation. The employer may withdraw the employee’s right to return without further reference and enquiry with the employee should there be any breach of the aforementioned terms and conditions.

5.3 Right to return
5.3.1. The employee must notify Human Resources in writing one (1) month prior to the agreed date of return to confirm his/her decision to return to work for the Company. Failure to formally notify the Company of this decision may result in the Company assuming that it is not the employee’s intention to return.
5.3.2. If at any point during the Career Break the employee decides that he/she will not be returning to work for the Company, then as a courtesy the Company requests that the employee advises the Human Resources department accordingly as soon as possible.
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