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22/10/2009 00:15:32
Re: URGENT" Company force me to take annual leave when i resign


I have tender my resignation on 06 Oct and my notice period is 1 month. My last working day should be 05 Nov. Beside this, i still have 10 days annual leave that haven't use.

I have informed my manager that i plan to work until 31 Oct and will take annual leave from 02-05 Nov and remain annual leave will conver to cash.

Since i have complete all project handover & just doing operation support, My manager/company is force me to take annual leave start from 26-Oct until 05 Nov and remain 1 day annual leave will convert to cash. Did they allow to do that - Force employee take their annual leave when they resign? Did Malaysia labour law allow the company do this?

Please help. If can, can you contact me?
I have emailed to your yahoo email.

Swee Kiah
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KL Siew
22/10/2009 08:47:51
Section 60E(2) of the Employment Act says:

"(2) The employer shall grant and the employee shall take such leave not later than twelve months after the end of every twelve months continuous service and any employee who fails to take such leave at the end of such period shall thereupon cease to be entitled thereto:

Provided that an employee shall be entitled to payment in lieu of such annual leave if, at the request of his employer, he agrees in writing not to avail himself of any or all of his annual leave entitlement."

So, when your employer grants you leave, you have to take. If you fail to take, it will be forfeited. You cannot ask to be paid cash for it. It is only when he asks you not to take leave and you agree, then he will have to pay you in cash.
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22/10/2009 10:24:25
so it's mean my employer can force me to take annual leave?
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KL Siew
22/10/2009 11:31:57
The law is quite clear about it.
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26/10/2009 09:15:51
how about if i tender letter and want to clear my annual leave but manager didnt allowed and force to encash the leave?
He should get my agreement too, right?
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