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24/02/2009 14:10:59
Re: Offset annual leave

hi, i am a worker from sarawak and worked nearly 3 years in my company.
I plan to resign on 23 feb 2009 and i submitted my resignation letter on the same day. so my last day will be 23 march 2009. Meanwhile, i am asking our HR department about to offset my annual leave balance for 2009. I still got 6 days annual leave for 2009, so i requested for offset all my annual leave before i leave my company but our HR department was told me that i only can apply 3 days annual leave in this year because i resign on march 2009. That mean i only entitled for 3 days annual leave for 2009, now the problem is my company wanted to deducted my salary for excess my annual leave in 2009. I already apply 4 days annual leave + 4 days compulsary leave for chinese new year, so total will be 8 days. Do they have the right to deduct my 5 days salary for excess the annual leave and rejected to let me offset the balance of my annual leave?
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KL Siew
24/02/2009 14:44:56
In your case, I can't say for sure. Why not consult the local Labour Department in Sarawak? Let them look into the matter for you.
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24/02/2009 16:28:38
in my opinion, the company 's HR policy is having problem and confusing.

If The they were to grant the annual leave to staff based on prorated basis, then they shall apply it as of the first day of the year. Meaning, for those staff whoever took A/L or compulsory leave which is excess from the prorated leave, it should be treated as unpaid initially. Should not wait until employee resighed, then only being so calculative and asking them to compensate back to the company. non sense!!

PS: did you brought forward any annual leave balance from last year?

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