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21/06/2010 17:26:48
Re: Short Notice of Resignation

Our employees was disagreed with the indemnity for their short notice by offset their annual leave balance? i pay him up to 8 Jun instead of 21 Jun, but he was insisted the company shall pay his salary up to 21 Jun

Notice of Resignation : 2 mths
Resignation notice effective : 22 Apr
Official last day : 21 Jun
Last day work : 8 Jun (9 Jun - 21 jun was offset annual leave)

Am i wrong pay up to 8 Jun?
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KL Siew
21/06/2010 18:25:06
Actually, the Employment Act allows employees to take any balance of leave before the termination. He could have applied to the management to take his balance of leave before he goes. Sometimes, the employee may want to take up a new job on an earlier date with short notice. As such he would use the annual leave to offset his short notice, he should be paid only up to 8 June as such. He is in fact using his annual leave value to pay for the short notice. If he had no more annual leave, he would have to pay with his own money.

However, this matter can be controversial especially when the parties did not properly sort out the leave problems before hand and I think you can consult the Labour Department for their official opinion.
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22/06/2010 15:52:27
i tot he has to be paid till 21/6/10.
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