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Teresa
29/07/2009 11:43:08
Re: Earned Leave during probationary period

I have tendered my resignation 24 hr notice while under probation. I have 6 days earned leave. Will I be entitled to payment for the earned but unutilised leave? Which part of the Labour Law states this. The company has refused to pay.
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CK
29/07/2009 12:33:08
Please check whether there are clauses in your appointment letter stating the waiver of entitled leave for resignation during probation.
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Teresa
30/07/2009 14:29:59
There is only a Clause 5 in the appointment letter on annual leave that states:

Benefits (to be entitled upon completion of probation)

5.1 The employee shall be entitled to all gazetted PH......
5.2 The employee shall be entitled to fifteen (15) days annual leave with pay on an annual pro-rata basis
5.3 All annual leave shall be taken in the year it falls due and as such time as shall be convenient to company
5.4 Annual leave not taken in the year it falls due is allowed to be carried forward until 31 March in the following year after which shall be forfeited

Noting said about waiver of entitled leave for resignation during probation.

Btw my salary is above Rm7,000 so am I covered by the Malaysian Labour Law Act?
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