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24/04/2012 13:32:11
Re: resignation

Hi, I had tendered my resignation letter and my last day is on 14th May. HR side already been noticed. I got one job they required me to start on the asap.

I have remaining 6 days unused leave and was told that i can contra it using my leave. I would like to know as Labour law whether deduction does it include Sat & Sun? My working days is from Mon-Fri only. So my last day after deduction is fall on 4th May or 8th May?

Thank you
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KL Siew
24/04/2012 16:36:57
You can apply to clear your leave. Discuss with your HR.
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24/04/2012 17:23:32
As told i can contra with my leave and leave the company early. But i want to know whether deduction of leave by Labour law does it include Sat & Sun? or only working days?
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24/04/2012 17:26:26
My HR told me deduction include Sat & Sun but Sat & Sun is my rest day and my working day is from Mon to Fri only. Why does the company need to take my leave to deduct these rest day? It's stated in Labor Law Act?
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KL Siew
25/04/2012 08:40:52
If you use your leave balance to contra for early release, it will include all rest days. It is like using your leave to pay for the short notice.
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26/04/2012 14:31:55
My superior teach me in wrong side.
We also work for 5 days a week, she told me just can deduct for working days only like we apply leave, we not apply leave during rest day so AL can't replace to rest day. In mean, I follow her and wrong calculate for the resigned workers!!!!!!

No wonder some staff like to clear leave before give letter, It is no worth for balance leave and want to early leave and lost for replacement for rest day. It is include public holidays???
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KL Siew
26/04/2012 17:01:11
Your superior did not teach you the wrong thing. If you apply to take leave you can specify in the application to say the period does not include rest days or specify the actual dates of your leave. This will avoid confusion. If you want to use leave balance of offset the short notice, that is a different thing.
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27/04/2012 17:44:48
Hi, Mr Siew,
She give letter on 10.04.2012, mean her last day is 09.05.2012, the staff got 5 AL balance, the staff don't want to wait till 09.05.2012, she want early release, so she want to clear her 5 days AL balance. She just work for 02.05.2012 as her last day, and company need to pay her till 09.05.2012.

Yes, you are right, yesterday I called to labor office, they also inform me my current practise is correct, resigned staff can apply to clear leave balance. If she work according to her resign notice, then company need to pay her $$ for her 5 AL.

What means by offset the short notice? Is it define as early leave? Sorry to disturb you again
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KL Siew
29/04/2012 09:59:50
For example, if you don't have any leave balance and you want to leave 5 days earlier, what do you do? You pay 5 days wages to the employer as indemnity isn't it? Now, you have 5 days leave balance, you tell your boss saying you want to use the 5 days leave to offset it. If the boss says OK then it is OK for you to leave 5 days earlier. You will be paid up to 4/5. If the boss says NO, then you have to work until 9/5 and your boss has to pay for the 5 days annual balance and salary up 9/5.
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04/05/2012 08:58:14
Mr Siew. Thank you very much.
1 month notice means 30 days including all Saturday, Sunday even Public Holidays. So when the staff resigned and choose to early leave then her leave will go to offset irrespectively of the type of day.

Currently, we are practise to allow the staff to apply leave ( AL or unpaid leave ). For example: she want to early leave for 5 days, she may apply unpaid or use her AL balance to replace 9/5, 8/5, 7/5, 4/5, 3/5 ( Saturday and Sunday excluded ), and she just need to work till 2/5, company pay till 9/5. ( if she apply unpaid leave, company pay till 9/5 but deduct from her unpaid leave, same like we pay her up to 2/5 but include Saturday and Sunday pay also lah ) ( if she apply AL balance then she also need to work till 2/5, and company pay till 9/5 ) For this case, I can't see how the staff pay wages to employer as indemnity. Is my calculation wrong? Please help to advise, if wrong.

From your explanation, I define as boss allowed to offset by AL, I need to pay her till 4/5 only ( I can see the 5 days of AL offset from the short notice include offset for Saturday & Sunday, the staff did pay as indemnity to employer, becaused when she use AL to offset, she may early leave but no $$ for her AL balance ). If boss not allowed, she need to work according to her resigned notice, and I will pay her up to 9/5 + 5 AL

Sorry, due to some of my staff really calculative, I can't calculate wrong, and they like to query me on the calculation method, I have to clear about it. Thank you very much !!!!!!!!
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KL Siew
04/05/2012 10:22:40
Be decisive, it you have reasons to believe you are right, stick to it. I really can't say much as I am not very clear about your case. Do as your boss say if you are not sure.
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02/11/2012 15:52:12
I took unpaid leave for 5 days, however our payroll deducted until 7 days, and they said it is under Labour Law. Please advice what should I do.
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05/06/2013 22:06:02
Hi Siew,

I am working in a small company and my job covers all include HR (which I am not an expert in).

Recently I have a staff serving notice period of 2 mothns (8 May - 8 July), and he has 5 days AL.
His last working day is supposed to be 8 July and if he fulfill the notice period, he will be paid till the 8th, plus the 5 days unutilised AL.

He requests for early release, to be release on the 29th June, which his HOD agrees with condition, management will NOT be paying him any salary at all for JULY.

BUT, for HR persepective, this is acceptable, provided in our HR Record, we utilise his 5 days AL to offset against his unserved NOTICE and not be paid anything for JULY. And his last day will be on 29th June.

NOW, the staff come back to us and his HOD and said... since his early release date will be 29th June, he now wants to use his AL to offset against June and leave on 21st June instead, and still get full salary for JUNE. (His HOD as stupidly agree and approve it)

My question is .. is the staff taking advantage of the situation and try to wriggle his way out of early release without paying any indemnity for his unserved 6 days notice and yet still wants to get full June salary with early release?

My other colleague argues with me that if he were to leave on 29th June, he MUST be paid till 9th July, even if he were to take AL to offset with the remaining days of his notice. Can you please advise, if she is correct? Because for me, if he requests for early relase (if his last day is 29th June, he will not be entitled for his pro-rated 6 days as he will use his AL as contra to offset his unserved balance notice.)

PHew..... please advise.
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24/06/2014 11:14:57
My staff tender his resignation for 2 months (11/6/14 - 11/8/14),he still have 6 days AL.So his last day will be fall down on 5/8/14,am i right?
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lily chong
12/03/2015 22:58:18
hello, if i no pass resignation letter to company, and just infrom by sms, so i can get my salary?
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04/02/2016 11:10:01
hello lily, if company no pass payslip to you, and just simply credit amount into your bank account, so will you get the actual salary?
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