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02/07/2007 16:37:23
Re: Entitlement of Annual Leave under Labour Law


Would like to check with you on the entitlement for annual leave:

My contract of work (appointment letter) stated that in our company, each staff is entitle for 14 days annual leave.

I joined this company on 3rd-August-2006, my question are:

1. When will i entitle for the annual leave? Must complete the first 12 months of service (i.e. only after 3rd August this year) then only entitle to take my 14 days leave or actually throughout the service months here, let say after 6 months, i already entitle to 7 days leave on pro-rated basic?

2. Under Employment Act or Labour Law, is the annual entitlement only effective after one person has been confirmed by the company or it is actually under the Labour Law that as long as one employee completed his/her 12 months period of service, he/she is automatically entitle for annual leaves regardless of whether he/she has been confirmed or still under probation period.

My issue here is, my company said only confirmed staff is entitle for annual leave, and the annual leave will only be calculated after the date of confirmation.....And my company has been dragging the confirmation of staff (for example in my case, only confirmed me this July'07, after 11 months of service) and i think it is not fair if they only calculate my annual leaves after confirmation date, as employer can try to save their cost on paid leave while staff would lost their past 11 months service' entitlement of annual leave.

Please advise.

Thank you.

Best regards,
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KL Siew
02/07/2007 17:17:09
1. Yes must complete 12 months to qualify and it is not pro-rated unless contract of service is terminated before 12 months is up. But some companies do give prorated leave, it all depends on their own policy.

2. It goes according to the period of service, not after confirmation or under probation.

If there is no improvement, can complain to the Labour Department.
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02/07/2007 19:01:15
Thanks a lot KL Siew for your helpful and very professional advice.

Do you have know any email good to reach Labour Department? I have been browsing the Ministry of Labour seem to be unable to get a clear clue what is their email that open to public for sending enquiry.

Thanks again.

Best regards,
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KL Siew
02/07/2007 20:00:55
It is better for you to pay a personal visit to the Labour Office. For Labour Offices telephone or address you can get them under the item "Telephone Contact Number" in the Homepage of this website.
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14/09/2008 20:36:03
请问病假可以次数来算吗?老板只给我们一年3 次而已。
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