Thanks for your prompt reply. To follow up on calculation of unpaid leave, could you provide me the source for taking 31 days?
I've noticed that for annual leave, the calculation is based on 26 days whereas unpaid leave is based on 31 days. Are both calculation from the Employment Act? Will management argue that this basis is not consistent and not fair.
I need to put this forward to my company's management as currently, their practise is i) ie divide by 5 based on 5 days in a week.
Can the management instead of deducting unpaid leave request the staff to extend service to the next month ie. staff's last day is end April but took 2 days unpaid leave in April (since exhausted all annual leave), and requested by management to serve till 5 May 2008 (without pay since to compensate the 2 days unpaid)
Since there is a difference in the method of calculaltion, I think you better get something official if you want to have some authority by referring your query to the Labour Department.
'26 days' is used for calculation of Ordinary Rate of Pay for annual leave, sick leave etc as stated in Section 60I of the Employment Act and has nothing to do with calculation of salary. Sub-section (1A) of Section 60I is as follow
(1A) Where an employee is employed on a monthly rate of pay, the ordinary rate of pay shall be calculated according to the following formula:
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