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29/11/2011 09:47:40
Re: Offsetting Leave


I am resigning from a company. my boss kept on asking me to stay until mid of January 2012 where i could not make it as i would need to start my new job in the end of December 2011.
After that, the boss called and said that the company had the right not approve me to offset my balance of leaves.

So i would like to ask whether or not the company has the right not approve me to offset my balance of leaves.

i got 6 days balance of leaves. i tendered on the 4th of Nov 2011, and my last working days is on 23rd of Dec 2011. i need to serve 2 months for this company
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KL Siew
29/11/2011 16:17:48
You have no choice. You have to take up the new job, leave or not leave. If both parties cannot sort things out amicably, there can be disputes which may have to go the the Labour Office or the court. I don't see any better ways.
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29/11/2011 16:40:26
omg!! alot of my friends was telling me there were no such thing that the company did not allow me to offset my Annual Leaves which i earn from past months right? there must be an answer whether employees have the right or the other way round right?
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KL Siew
29/11/2011 17:43:13
"60E(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."

Under Section 60E(2A) of the EA as above, you are entitled to take your leave. But the problem is: your employer is not going to approve it. Now, there is a dispute, isn't it? If you cannot settle the matter amicably with the employer, then the matter will have to go to the authorities.
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