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JJ
16/10/2009 12:33:16
Re: Notice Period

I resign from my Company and my notice period is 3 months. I am serving the Company for 2 months and the last month will be offsetted with my annual leave with the approval from my manager. Can the HR pay me for my salary for 2 months and for the last month, they would like to pay me my balance leave in lieu of notice
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JJ
16/10/2009 14:08:01
In addition, I am not in favour of the suggestion and instead would like to serve the required notice with my annual leave. Please advise.

As to annual leave entitlement, am I entitle to annual leave on the month that I am serving notice using my leave, eg as below:-
Tender : 31 Dec 2009
Notice period : 3 months
Last employed date : 31 March 2010
Last day in office : 28 Feb 2010
Utilising my Annual Leave : 1 Mar - 31 Mar

Assuming, my annual leave is 18 day, how would the computation of the annual leave be?

a. 3/12 x 18 days or
b. 2/12 x 18 days

Also, I am entitled to contractual bonus of 1 month. Would I be entitled to the bonus computation for March?

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KL Siew
kl_siew@yahoo.com
16/10/2009 20:29:58
With the Employment Act in mind (assuming your salary is below RM1500) then you are entitled to take your annual before you go as quote below:

"60E(2A) Notwithstanding subsection (2), upon the termination of an employee's contract of service, the employee shall be entitled to take before such termination takes place the paid annual leave due to be taken in the year in which the termination takes place in respect of the twelve months of service preceding the year in which the termination takes place, and, in addition, the leave accrued in respect of the completed months of service during the year in which the termination takes place."

So, if you apply for your annual and is approved, your entitlement should be calculated up 31 Mar.
I am not sure about your contractual bonus payment, you will to go according to the company's policy on such. Consult your HR.
If you are not covered by the Employment Act, it would be better talk it over with your HR so that some sort of agreement could be reached.
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JJ
17/10/2009 03:40:06
Thanks Mr Siew. My salary is above RM5000. Could you also kindly advise on my first question re notice period.
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KL Siew
17/10/2009 09:22:40
The issue now is that they want you to stay back for one more month of your service and you want to go earlier because it may be that you are going to take up a new post or to take a rest. It is up to you to agree or not to agree to stay back. Talk to your HR to find a way to solve the issue amicably. Not good to part with ill feelings.
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JJ
19/10/2009 12:29:21
The issue is not that they want me to stay for another 1 month and my boss has agreed that I can go on leave. If the Company insist that my last day is 28 Feb 2010, would this be contrued as early dismissal? Hence, the Company is required to pay me for my last month plus the annual leave balance?
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KL Siew
19/10/2009 12:52:11
If that's the case, I think you better bring the issue up with the Industrial Relations Department so that the real story behind it can be looked into.
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JJ
21/10/2009 19:07:41
Thanks for your advice!
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