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SV Chen
08/02/2011 13:45:53
Re: Annual leave payment for resigned staff

I have resigned from my current job on 6 Jan 2011. Based on my appointment letter the resignation notice period is 3 months, thus my last day should be 6 April 2011. However I have asked for an early dismissal my last day is 28 Feb 2011 i.e. slightly more than 1 month earlier.

I have about 45 days Annual Leave. Thus my annual leave will be used to offset the number of days of early dismissal. The dispute now is the deduction, according to our HR dept, the ENTIRE month of March i.e. 31 days shall be deducted from my annual leave because SAT and SUN are included in the offset. And they quote they are abiding by the Employment Act. I have glanced through the ACT and did not find any mention of this.

May I know if you have any knowledge that SAT and SUN are also included to offset Annual Leave days in paying off resigned employee? If so, it is so unfair.
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KL Siew
08/02/2011 14:13:58
If you use your leave balance to offset the short notice, I think all the days would be included. In other words, you are using the money value of your leave balance to pay for the period of short notice. You may consult the Labour Department for another opinion.
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