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TL nyon
19/02/2010 14:42:30
Re: annual leave off-set at resignation

I'm in need of your advice and reference.

Yesterday, 28th Oct 2008. I tendered my resignation from my current company and as stipulated in the contract it is one month notice.
As because I still have 18 days of Annual Leave, I happily counted my last day of employment should be next Wednesday which is 5th November.

Everything was good until, my HR Manager said the offsetting of Annual Leave should be included weekends too. I was furious as I am losing 8 days of Annual Leave because she counted 4 weekends as part of my annual leave.
A weekend is a weekend , is an off day .. how can this be possible.

I went and did my research from Employment Act and everything .. unfortunately there's no clear example that can help me in educating my retard HR manager. I called up a couple of friends that does HR in big company and they said offsetting annual leave against weekend is totally wrong.

It is just a plain common sense but i need to prove this lady she's wrong.

Anyone can advice me on this ....
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KL Siew
19/02/2010 16:18:30
Section 60E(2A) of the Employment Act may give you some info:

"(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."

So, you should have applied for the 18 days annual leave balance before you go and let management approve it. If you had done that, you might not have this problem.

You see, your notice should be from 28 Oct to 27 Nov (31 days), but you left on 6 Nov which is 22 short. If you were to use your 18 days annual leave to pay for the short notice, you still need to top up with another 4 days' salary. This is just another view. Consult the Labour Department for an official opinion.

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