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13/05/2011 09:59:16
Re: Annual Leave

I got some question with regards to HR issue that i wanted to ask from you. it is about the Annual Leave

i join this company on 03.04.2010 and in the contract it stipulated 1st year service but less then 2 years - 8 days AL, my question is from the date i join till the 03.04.2011 , does the company owe me 8 days leave? so far i have not taken any Al, all is just No pay leave. According to my Hr, she mention to me

"Annual Leave yes, you are entitled, pro-rata, till Dec 2011 4.5 days starting June 2011.

And next year 2012, you will be entitled, annual leave 8 days. (pls refer your appointment letter)"

Please kindly advised

Thanks alot

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14/05/2011 09:46:58
Actually, from 03-04-2010 to 03-04-2011 you are entitled AL but you can't take it.

After 03-04-2011 you will get 8 days AL. The AL actually is from 03-04-2011 to 03-04-2011.

Lets say 03-04-2011 you join but you resign 03-11-2011, Your AL leave will count accordingly your months' service.

7/12 x 8 days = 4.67 days
The above is for uncompleted month of service (section 60E (1))

By the above example, you will understand from the date you join the company, you are entitled to AL but you can't take it unless you complete 1 year of service.

So your HR calculate wrong your AL. Some more i don't understand why she count start from June 2011. Where come the June?? Since you join at April, if she want count pro rate, it should be April 2011 to Dec 2011.
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16/05/2011 10:34:33
THanks for your valuable advise.

I told my HR, she say refer to my appointment letter under Annual Leave it state AFTER 1 YEAR OF SERVICE BUT LESS THAN 2 YEAR SERVICE - ENTITLE 8 DAY AL. is this valid? that is why she say my AL only start from May 2011 - Dec 2011 (pro rate AL is 4.5 days)

So far i have not touched any of my AL.

What must i do?

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16/05/2011 10:58:56
If you are cover with EA mean your salary "below RM 1500" or "above 1500 but is manual worker" then your offer letter is not valid (EA win Offer letter if you are cover with EA).

Some more, the offer letter stated "AFTER 1 YEAR OF SERVICE BUT LESS THAN 2 YEAR SERVICE - ENTITLE 8 DAY AL" it is just same what the EA write.

Many HR people mistake the meaning of it or just pretend don't know about it and assume after 1 year only start count the 8 days. It is actually count when the day you join the company already start count.

Under section 60E(1), If an employee terminates his service of less than one year, he is entitled to annual leave in direct proportion to the number of completed months of service in that year.

By above statement, you can see clearly the AL is count from the day you join. After 1 year completion, you can straight take the 8 days, If not yet complete 1 year, you still entitled to it but just can't take it unless you resign then the HR will count the pro rate AL for you.
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16/05/2011 13:42:51
Thanks for the advised.

I think for my company, they just pretend since nobody enquiry about it, my basic is more than RM1500.

Let say if i take leave tommorow, at the end of the month, my HR minus me off and counted as no paid, then what is the next step to do?

i am planning to leave the company end of the month, so once i tender my resignation and serve one month notice, during the one month notice, i should be allowed to take all the AL which is 8 days, is that correct?

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16/05/2011 13:47:44
Yup, since your offer letter stated the same thing inside the EA. You can fight for your own benefit. HR people also will made mistake. Try to correct them and show them the right way.

The worst case is they won't count the day you take leave (unpaid) so better settle it as soon as possible.
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16/05/2011 13:56:42
Dear Hr

According to Employment Act 1955, Sec 60E (Annual Leave), clause (1) (a), An employee shall be entitled to paid annual laeave of eight days for every twelve months of continuous services with the same employer if he has been employed by that employer for a period of less than two years.

this apply only to people that earning below RM1500? or apply to all worker, i think is abuse of law if employer tend to count their own benefit, worker should also gain benefit also.

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16/05/2011 14:38:32
It is for salary below RM 1500 OR Manual Worker (salary high than RM1500 also can).

If your salary is above RM 1500 and not manual worker then you need to refer back your offer letter.
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16/05/2011 16:49:28
my employment letter says say "After 1 years of service but not more than 2 years - 8 days AL"

i already ask my HR, she say this is set by the boss.

she still insist that only starting from 03.05.2011 - Dec 2011 - 4.5 days pro rate

what else must i do?

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16/05/2011 16:52:32
If you are cover with EA, then you can lodge a report at labour department.

If you are not cover with EA, then you need follow your company policies.
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16/05/2011 17:04:32
well, i guess have to follow with the policy, so there is no to law protect such policy which i think is not really fair>?

Anyways thanks for all the knowledge.

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