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14/04/2009 10:07:36
Re: Annual leave become paid leave

i am entitle for Basic salary + fix allowance( my company define as reimbursment,but monthly they pay me in fix amount but not included in my payslip, it also not epfable)
when i take unpaid leave, they deduct my salary and allowance
when i take annual leave, there is no deduction from salary and allowance
i resign, my last day is on 15, and i stil have 2 n 1/2 day leave, the company want me to finish my notice without contra my leave.
my question is, my company need to pay me the allowance for the annual leave? or they just need to pay me the salary only.
please help...
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KL Siew
14/04/2009 10:24:17
In that case, the company has to pay for the 2.5 days annual leave balance. Allowance should be included in the calculation (only if you have proof that such allowance was in fact paid to you).
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14/04/2009 15:37:41
emm,can payment voucher consider as proof? everytime they pay, they issue payment voucher, and everytime the voucher is same amount, can it consider as proof?

the HR from ex company said that, according to labour law, paid leave, annual leave and MC is no entittle for travelling allowance, is that true? she said that we not nor working, so company have the right to deduct the travelling allowance if you are on leave.

Thanks for the help
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KL Siew
14/04/2009 21:23:29
A separate payment voucher is good enough proof.

If the allowance mentioned by you was traveling allowance, then your HR could be right. See the definition of "Wages" under the Employment Act quoted below for your information:

"wages" means basic wages and all other payments in cash payable to an employee for work done in respect of his contract of service but does not include:
(c ) any travelling allowance or the value of any travelling concession;
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