I am working with a company since March 2009 and I gave my resignation in May 2017. I have 35 days annual leave. My question is can I forego this annual leave and work for another 2 more months to complete the 3 months notice period. Or can the company insist that I must work the whole 3 months notice period?
Answer: The idea of giving three months notice period is to give the employer ample time to get a replacement for a worker who is quitting the company or establishment. The employer can, however, decide to waive all or part of this notice period as mandated by the Labour Law. On the other hand if the employer insists that the worker must satisfy the mandatory period to the full, the latter has no choice but to obey. To answer your question specifically, we advise that you bring up the issue of leveraging your annual leave with the three-month notice period with your employer who has the prerogative to either agree to it or not.
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