Responses

Sherine
sherine@chemcentro.com.my
15/01/2008 15:23:42

Re: Unpaid leave calculation

Dear Mr. Siew,

Good day!

I would like to check with you how should the unpaid leave to be calculate. My monthly salary is RM4300. I took 11 days unpaid leave on December 2007. I work in Shah Alam. Hence for Dec'07 i enjoyed 3 days public holiday which are 11/12/07 (Birthday of Sultan Selangor ), 20/12/07 and 25/12/07.

My company said under labor law, the salary should be based on 26 days. For your info, my company is 5 days work company, we didin't work on Saturday.

So the method they used to calculate is:- 4300/26*10 working days = RM1653.85

But i think should be:- RM4300 - (4300/26 * 11 unpaid leave) = RM2480.77

So which method is correct under labor law? I know my salary is above RM1500 hence is not rpotected under labour law. But seem my company want to calculate the unpaid leave based on labour law, i think their method is not correct where 5 days of my paid just get forfeited with no rigid reason.

As per them, even i take 1 day unpaid leave, the same calculation applied where = 4300/26 * 20 (if that month got 21 working days)

If this the case, it is unfair where 5 days pay just gone without reason. Pls help... I need some prove to show them.

Rgds,
Sherine

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KL Siew
kl_siew@yahoo.com
15/01/2008 17:20:26

"26 days" is actually used under the Employment Act for calculation of annual leave, holidays pay, sick pay etc. Why? It is because of Section 60I of that Act says so.

For no-pay leave, we should use the actual days of the month. For example, an employee is on one month's no-pay leave say in December, then the calculation is salary/31*31. If on no-pay leave for 10 days (off days included), it will be salary/31*10. In your case if the 11days were only working days, the calculation should be 4300/31*(11+2 off days)= 1803.23

If we use your way of calculation using 26 days and working days, what will have happen if one takes a month no-pay leave say in Nov? Are you going to deduct 4300/26*22 =3638.46 and pay him the balance of 661.54? It is not very accurate isn't it?

For an official opinion, it will be better for you to consult the Industrial Relations Department.

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Sherine
16/01/2008 10:23:38

Dear Mr. Siew,

Thanks for your reply.

So based on your experience, the calculation should be:-

a.) 4300 - (4300/31 x 11 unpiad leave) = RM2774.19 OR

b.) 4300/31 x 10 working days which included 3 days public holiday = RM1387.10 OR

c.) 4300/31 x 20 (included 3 days public holiday + Saturday + Sunday) =RM2774.19 (which actually same as method a)

Please advice. Do you have any write out for me to prove to my HR on the calculation?

Rgds,
Sherine

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KL Siew 16/01/2008 11:41:10	It is just simple calculation. Your salary is 4300, whatever way your calculate as in (a) or (c), your pay for the month should be 4300, no more and no less. Then it should be correct, isn't it? 11 days = 4300/3111=1525.81 (no pay) 20 days = 4300/3120=2774.19 Total =4300.00
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Sherine 16/01/2008 15:00:52	Dear Mr. Siew, Thanks for the verification. This mean that in calculate my salary for Dec 2007, should be 4300/31 * 20 =RM2774.19 You really help me a lot here. Wish you Gong Xi Fa Cai! Rgds, Sherine
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Sherine
31/01/2008 14:17:26

Mr. Siew,

Is me again needs your advice here.

In my company employment letter, stated the annual leave entitlement is 10 days for the 1st year of service; subsequent year additional 1 day until the maximum 14 days.

I started to work in this company in Aug 2005. So this year I entitled for 13 days of annual leave.

As you know, I no longer have any annual leave carry forward from 2007. Now I want to apply leave for Chinese New Year on 5/2/08 and 11/2/08. But my management informed me that I not entitle for the annual leave for this year until I work for 3 months; means I only can enjoy the annual leave after March’08. Is it true as per Labour Law? So they consider my leave on 5/2 and 11/2 as unpaid leave. Is that true?

Looking forward your reply.

Rgds,
Sherine

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