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Qi Qi
q.qi@live.com
04/11/2010 16:00:17
Re: Annual Leave during serving of resignation notice

Hi,

I was tendered on 2-Sep and I need to serve for 3 months notice. My HR calculated my annual leave is until the date of my tender only, the 3 months of serving notice is not entitle to leave.

Therefore, I would to ask whether my annual leave should calcuIated until the month of my last day? Any Labour Law stated this condition ?

Thanks.


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KL Siew
pesaraonline@gmail.com
04/11/2010 16:47:47
I think you HR is correct because a contract of service terminates at the time the resignation letter is handed in. Section 12 says "...a contract of service may at any time ...intention to terminate to terminate such contract of service." The following two sections of the EA may be relevant in your case. If you are still in doubt, you may consult the Labour Office.

"12. Notice of termination of contract.

(1) Either party to a contract of service may at any time give to the other party notice of his intention to terminate such contract of service."

"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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