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Ooi
nicsooi@gmail.com
27/04/2011 19:57:03
Re: Resignation

My letter of resignation is given on 3rd March. Two months notice and my last day would be on the 3rd May according to my boss.

After my letter was given, I asked my boss when would be my last day for I still have six more annual leaves left(14days annually). He then told me 22nd April, and told me that I would get the full salary for April.

Last week on my last day, my boss only paid me until 22nd April (he promised to pay me full) and said that it was because I work till 22nd April.

Is what he did legal? If so, why happen to my six more annual leaves? What can I do? He approved me to leaves on 22nd and pay me till 22nd.
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HR
28/04/2011 09:23:25
If you are cover with EA:-

Section 60E(3A)
If an employee's contract of service is terminated (not due to misconduct) before he has taken his annual leave, he is entitled to the ordinary rate of pay in lieu of such annual leave not taken

AND

Section 60E(2A)
An employee can use the balance of his annual leave to offset the whole or part of the required notice period of his resignation

So what your boss did is wrong. If you apply annual leave in a proper procedure then show the form of annual leave to your boss. If you no fill any form to apply it, then try to talk with your boss that what he do is wrong in the EA. If like that your boss still refuse to pay, go to the labour department.

Remember, go to the labour department is the last option. Don't make thing worst between you and employer if there is still a way to settle it. Some more labour department do thing very slow (not recommended you to go =.=" ).

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Ooi
28/04/2011 20:55:40
Hi HR,

Thanks for the info. My next questions are:

Since I worked till April, am I entitled to all 14 days of annual leaves?

How is the annual leaves counted? If I started my employment on June, means that the 14 days should be until next year June?

My boss had first promised to pay me full April salary but he didn't on my last day. And keep saying he didn't promised to pay me full. In this situation, what can I do?
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HR
02/05/2011 09:20:56
Your annual leave will count as:-

Total annual leave / 12 month x month work

For work until April is 14/12 x 4 = your AL

If start work at June is 14/12 x 7 = your AL

If the amount not big, just ignore it. Go to labour department very time consuming and petrol + parking also an amount gone already =.=
If the amount is big then go to labour department and lodge a report.
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