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02/11/2009 14:40:12
Re: Does company has the right to prolong the working period of a resign staff?

Hi Mr Siew,

I tendered my resignation to my current company on the 27th of October. By serving the ONE month notice period, I should be working until the 26th of November. But I have a balance of 13 days pro-rated annual leaves and after deduction of the annual leaves, 9th of November will be my last working day (being written in my resignation letter).

But the HR dept doesn't allow me to do so and they insisted that I work for the whole November and pay me the 13 days of annual leave.

As I have to start reporting at my new job on the 16th of November, I am unable to fulfill the current company's request. Does the current company has the right to prolong my working period? And do I have the right to insist leaving the current company on the date I specified in the resignation letter?

Appreciate your advice. Thanks.
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KL Siew
02/11/2009 15:43:50
One way is to try to get a new reporting date from the new company. If there is no possible compromise with both old and new companies, you do what you have to do that is best for yourself.
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02/11/2009 15:55:57
Thanks for your response, Mr Siew.

I already talked to the new company but they insisted that I start on the date as promised. Furthermore it's already stated in their Appointment Letter and I already signed on it.

I didn't expect that my current company will hold back my request of last day of working.

I would like to get an advice from you before I negotiate with my current company. Just to clarify, do I (as an employee) have the right to choose whether I want to stay on or not? If I don't, do the current company has the right to insist and take any legal action on me?
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KL Siew
02/11/2009 17:00:42
The following Section of the Employment Act may be useful to you:

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.
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04/11/2009 14:24:05
Thanks for your advice, Mr Siew.
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