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31/03/2010 09:35:56
Re: Notice of resignation & Annual Leave

Dear Ms. Siew,

I had tender my resignation letter on 16/3/2010 with 1-month notice and my last day supposed be 15/4/2010. I joined the company since 1/8/2001. But, the management rejected my resignation with 1 month notice, they insist 2 month notice for my resignation which my last working day will be on 15/5/2010.
So, I would like to seek your advice as follows:
(1) I was entitled for 17 days of AL this year and my leave is full. Based on my management AL Calculation on prorate basis, 21/2 /12 x 17 = 3.5
So, I only have balance of 3.5 days leave. According to him, my leave will be counted only till 16/3/2010, the date of tendering resignation letter and not until 15/5/2010 of my last working day. Is this the correct way?
(2) My offer letter from the company was stated clearly that I only need to give 1 month notice for resignation but now the management insist 2 months after tendering my resignation letter. Is this correct under labour Law??

Appreciate if you could advise me on the above matter.

Thank you.
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KL Siew
31/03/2010 10:17:10
1. It is quite difficult to say which one of you is correct because the period after 16/3 has yet to be completed.

2. You may have a point there.

Anyway, If you cannot settle the matters with your HR, you may have to approach the Labour Department for help.
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31/03/2010 11:15:15
If my last day of service is on 15/5/2010, for that 2 months period of service, would i entitle annual leave for that? According to HR, there is no entitlement AL within the 2 months working period. Is that true?
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KL Siew
31/03/2010 11:48:18
Your entitlement may be calculated up to 30 April only and not up to 15 May as May is not a completed month. Consult the Labour Office to get an official opinion.
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