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18/11/2011 10:44:39
Re: No Pay Leave

Dear Sir,

I have applied for No Pay Leave for the period from 3 Nov to 25 Nov 2011 that are bridged by 3 weekends and include a public day (Hari Raya Haji) on 6 Nov (Sunday) and replacement holiday on 7 Nov (Monday). Do we deduct the daily salary for the weekends and public holiday. Saturday and Sunday are Rest Days in accordance with my Contract of Service.
Assuming a basic salary of 6000, which amount of deduction as below is correct?
Daily Salary = Basic Salary / 30 days i.e. 200 per day
(1) Deduction = 200 x 23 days i.e. 4600 (weekends & public holiday included for deduction),
(2) Deduction = 200 x 16 days i.e. 3200 (weekends & public holidays excluded in calculation for deduction).

Is there any specific definition on No Pay Leave under the Laws?

Appreciate your prompt response.

Thank you and best regards.
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KL Siew
18/11/2011 15:11:17
There is no specific law pertaining to no pay leave. It is up to the management to approve with conditions that they may set. If they approve it with weekends included in the period of no pay leave, that's it.
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21/11/2011 10:36:19
Dear Sir,

Thank you for your reply.

The company that I work in do approve for no pay leave but in the event that an employee applies for such leave the whole duration whilst being on no pay leave, the contract of employment would be put in a suspended mode until the employee returns to work to reactivate his contract of employment. While on no pay leave, all service benefits such as medical, insurance, etc are suspended.

However, the terms and conditions of service stated that no pay leave is entirely at the discretion of the company and no details on calculation of salary deduction or suspension of service benefits are mentioned.

In the absence of these details, is it fair for the company to impose such conditions on the employee?

Appreciate you comment.

Thank you and best regards.

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