Asrul Nurfadzli A. Rahim
Re: Enquireis regarding Annual Leave
Thank you for your informative website which i find very useful to the public.
In regards to the above matter, i would like to enquire about my status. I've join my current company on 17th October 2011 and tenderred my resignation on the 8th April 2012. In total, i've served almost 5 months with my current company.
In my Employment Contract, it was stated that I'm entitled to 16 days annual leave. However to my dismay, upon joining the company, i was given a copy of their Employee Handbook which stated that i couldn't claimed any of my annual leave until i am a confirmed staff. FYI the probationary period is 6 months. Below is the context of the Employee Handbook in regards to this.
SUBJECT : PROBATION AND CONFIRMATION
SCOPE : All Employees
PURPOSE : To outline the length of the probationary period of a newly appointed employees and the procedures required for a staff confirmation.
A. Appointment of Successful Applicant
i. A letter of appointment would be issued to the successful candidate.
ii. Relevant information for remuneration purposes will be loaded onto the Payroll Information System.
iii. A Personal File will be opened and maintained for every employee. This file should be updated continuously.
i. All newly appointed employees shall be required to serve a six (6) months probationary period.
ii. In the event where the employee does not meet the company’s performance requirement, the Management can either terminate his/her service after the probationary period ends or the Management may extend the probationary period for a further maximum period of three months.
iii. During the period of probation, the employment may be terminated by either party giving to the other not less than two weeks notice.
iv. Employee under probation are not entitled to accrued leave, bonus payment and salary increment or adjustment unless decided otherwise by the sole discretion of the Managing Director on case to case basis.
v. During the period of probation, the Company shall contribute to the Employees Provident Fund at the prevailing rate or at any rate determined by the Ordinance.
i. New employees who have performed satisfactorily during the probationary period shall be recommended by their respective manager for confirmation. The Managing Director shall then issue a letter of confirmation. The service of the newly confirmed employee shall be deemed to be effective from the date of his/her reporting for duty.
ii. A confirmed employee shall enjoy all employment benefits extended by the Company.
Upon tendering my resignation, i was told that my annual leave shall be forfeited as I'm not entitled to it.
To my understanding, regardless whether we're confirmed or not, all employee shall be entitled for annual leave. For every month completed, there should be at least a day of Annual Leave earned. It is only and in my case of 16 days entitlement per annume, this should be proportianately calculated as 16/ 12= 1.333 days for every completed month.
Yes I do agree that a company reserved the right not to allow staff from taking leave within a stipulated time, as in my case untill my confirmation, but not to the extend of forfeiting that right from me.
I really appreciate your advise. I've went to the Labour office but was told that they only cover for cases involving employee who earn less than 2,000 per month.
Thanking you in advance.