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Applejam
01/04/2009 23:51:49
Re: Can Apply Annual Leave Once Confirmed Probation?

Hi, I started working on 1st November 08. During my 3 months probation period, I was not given any appointment letter or what contract. Then, I was confirmed as staff on February, I requested for the appointment letter since I was confirmed. The account lady(she is also the only one HR) only give me a paper with company letterhead, chop & signature which stated "We would like to confirm you from 01-02-09, your salary will be RM1100 per month. This appointment is terminable at 1 month notice or pay in lieu for employee who works less than 2 year, all other terms and conditions of service remain unchanged." I requested for a proper contract that states what is the terms and conditions, entitled leave and so on. But she said company did not provide this kind of things, everyone get the same thing.
Then, now I want to apply annual leave for April or May, but the account lady only told me that I only can apply annual leave after I work one year, which means the second year only I can apply annual leave. But I asked some staff in my office, they joined in July 2008, but they cleared 8 days annual leave in December 2008. But my account lady told me that they apply unpaid leave.
So under labour law, do I really have to wait second working year only can apply annual leave? Not after confirmed? Like our company annual leave is 8 days for 12 months. I have confirmed for 3 months already, I should entitled for 2 days annual leave right? Please advise me what should I do. The company did not have any black and white for reference.
Thanks for your help.
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KL Siew
kl_siew@yahoo.com
02/04/2009 10:09:53
Yes, it is true that you have to complete 12 months service before you are entitled to annual leave and not after confirmation. If you take leave now, it may be unpaid leave. I would suggest that you get acquainted with some of the laws about annual leave, sick leave, working hours and so on at http://pesaraonline.net/part12.htm

Take your time to go through them. Although you did not get any appointment letter from your employer, those are the minimum terms and conditions you are entitled to under the law
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