Re: Annual leave for new staff
I would like to ask about annual leave for new staff. The company's practice is as follow :
- All new staff should undergo 3 mths probation before confirmed. During the 3 mths, leave taken will be considered as UNPAID.
- Once the staff is confirmed, he can apply leave on mth 4 to mth 12 and he is entitle 8 days leave (ie: according to labour law's minimum requirement), assuming he join on January.
- If the staff join during odd mths, ie: not January, the company will pro-rate his leave entitlement for the year so that next year every staff has the same leave entitlement.
- No annual leave can be carried forward to next year and the company do not encourage encashment of leave, unless the staff is too busy to take leave.
My current matter is :
We have employed a staff on 11 Oct 2010, his probation period should be 11 Oct 2010 - 10 Jan 2011.
(1) If according to labour law, he entitled 2days leave (actual is 1.7days) for yr 2010, am I right?
(2) Since he is still under probation, leave taken should be UNPAID. But his 2 days leave cannot be carried forward to 2011.
(i) Can we treat his leave as "Advance leave" for the 2 days?
(ii) Or should we treat it as unpaid leave, and encash him the 2 days leave once he is confirmed on 10 Jan 2011? (to treat this as a special case, no exception for other staff)
(3) The issue now is, the Company is not satisfy with his performance and might consider to extend another 3 mths probation, ie: 11 Jan 2011 to 10 Apr 2011. Does it mean that, leave taken during Jan'11 - Apr'11 will be considered as unpaid? Once confirmed he can apply 8 days leave?
(4) What if his performance is still not satisfying after Apr'11, and the Company decide to terminate his employment, should the company encash him his leave entitlement for the period 11 Jan'11 - 10 Apr'11?