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20/02/2012 21:51:37
Re: Unpaid Leave + Resignation

Hi. A staff of my company had tender his 1 month notice resignation effective on 9th Feb. Then he taking his unpaid leaves from 11th Feb till 9th Mac (the last working day of his notice period) which is not yet signed & approved by his Superior.

According to his employment contract, he supposed to give the company 2 months resignation notices.

Q1: Can this case being consider as short of notice period and company demand compensation from him if he refused to cancel his leaves application and come back to work?
Q2: Can Unpaid leave be use as notice period to the company for resignation?
Q3: What other types of actions that the company can take on him but the actions won't against the labour law? (as we can't terminate him since he got submit for leave application & still stay in company's hostel).

Thank you.
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KL Siew
21/02/2012 10:37:08
1 & 2. He has to pay the company for each day of no pay leave taken during notice period of resignation. Otherwise, he may as well ask for two months no pay leave and go.

3. You may give him notice when to vacate the hostel but you may not be able to evict him from the hostel physically if he does not want to vacate. .
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